How will the inherited house, consisting of four stories and a rooftop, be divided among the heirs, and what is the right of the sister who built one of the stories with her own money?
The ownership of the air is subject to consent. As long as the land is a right belonging to all heirs, they are partners in its air proportionate to their share in the land. The mother does not have the right to permit the daughter to build an additional story on the house; rather, the permission of all heirs is necessary. If all of them permit the additional story, then the building becomes the sole right of the daughter, and her construction does not enter into the inheritance unless she donates it. If the remaining heirs know of the daughter’s construction and remain silent, their silence takes the place of permission. However, if the heirs explicitly state their refusal to grant permission, or if they are unaware of the construction, then the matter takes the ruling of a partner building without the permission of their co-partner. In the event of a dispute, the matter is referred to the judiciary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 141622
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy