How is the estate of the deceased father, who left a house in his name, distributed among his three sons and two daughters, given that one of the sons built it on the entire area of the land, and knowing that the wife and grandparents passed away before the father?
If the heirs include sons and daughters, the inheritance is to be divided according to the principle of "to the male, the share of two females." Thus, the inheritance is to be divided into eight shares, with each son receiving two shares and each daughter one share.
Regarding the son building a house on the inheritance land: if this was done with the permission of the heirs, then they should pay him the value of the construction, each according to their share. Alternatively, the son could pay the value of the land area before construction, which would then be distributed among the heirs, or they could reach a mutual agreement. If it was not with their permission, then reference should be made to fatwas pertaining to such cases.
Before dividing the inheritance, it is essential to consider any rights related to it, such as debts and bequests. Inheritance cases should be referred to courts or specialized bodies to ensure a correct division.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/69393
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 69393
- 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