Is a four-story house, of which the sons built some of its stories with their own money without documentation, considered a complete inheritance, and what is the share of each heir?
If the father gifts the rooftop of the house to his two sons, then whatever they built on it does not enter the inheritance and becomes their property, on condition that he has gifted an equivalent amount to his other children. If the father did not gift the rooftop, but only gave them permission to build, then this is a loan ( ariya ) that ends upon the father's death. In this case, all the floors belong to the heirs, and the two sons are entitled to the value of the building materials as salvage. However, if he singled out his two sons with the gift without his other children, then the gift is invalid after death, and what they built does not become their property, and they are entitled to the value of the building materials as salvage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88906
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 88906
- 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