Must a house consisting of three floors be divided (one floor for the father, one floor for the daughter, and one floor for the son), such that the entire house is considered part of the inheritance, with the male receiving the equivalent of two females' shares, knowing that both the son and the daughter built their respective floors with their own money?
If the father explicitly states that he is gifting the airspace for construction, then what is built becomes the property of the two sons and does not enter into the inheritance. If the heirs dispute this, the claimant must provide evidence. However, if the father does not explicitly gift the airspace, then mere permission to build is considered a loan (عارية) that terminates upon the father's death. In this case, the apartment becomes the property of the heirs, and they must pay the two sons the value of the apartment (whether standing or demolished). If the period between construction and the father's death is short, the loan continues for the duration customary by common practice.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 152839
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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