Does the inheritance rule of a male receiving the share of two females apply, or does it differ if the children participated in building the house? And on what basis are their shares divided in this case, based on the old price or the new?
The house must be divided among the heirs according to if it was solely owned by the deceased father. However, if the house was a partnership between the father and his children, only the father's share is divided, and the children's shares do not enter into the inheritance unless what they paid was a gift to their father. So, whoever bought the land or contributed to the construction and did not gift his money to his father is a partner to the extent of what he paid. It is permissible for whoever wishes to relinquish his share to sell it to the heirs for an agreed-upon value. If the house is registered in the father's name and the heirs deny the partnership, then the one claiming partnership must provide evidence; otherwise, the house will be divided among all the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 95102
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy