Do the two brothers have the right to demand their legitimate share of the rest of the building, the roof of the third floor, and the land on which the building stands, after they relinquished the third floor that they built with their own money with their father's permission?
It appears that the father of the wife, by his statement: "The apartments built by her two brothers for them," intended to preserve their right only in what they spent on construction, not including the land and the roof. The value of the construction undertaken by the two brothers should be estimated by experts, and this amount should be deducted from the price of the building and given to them. The remainder should then be divided among all heirs, including the two brothers. If the heirs agree to allocate to the two brothers the floor they built, and its actual value is greater than what they spent, and they are competent to dispose [of their share], then they may do so. The brothers' demand for equality with the heirs in the land of the building and its roof is their right, because they have recovered what they spent, and then they become equal with the heirs in everything.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 20073
- 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