What is the Sharia ruling on dividing an inherited house among heirs who disagree on how to utilize it, knowing that one of the heirs demolished it and rebuilt and expanded it using part of their mother's share, and another completed building a floor for his own residence?
The land and the structures on it are the property of the heirs (sons and daughters, and the mother). If the mother's land was built upon with her permission but without transfer of ownership, it remains her property. If she gifted it to her children, then it becomes their property. If the two brothers built with the permission of their siblings, the structure belongs to them, and they own the value of the standing construction, then they share the land with the other heirs. The house can be divided in several ways: by enabling each heir to build, by selling the house and distributing the price after giving the builders the value of their construction, or by the heirs agreeing that one of them takes the house and pays the value of the construction to the builders and the remainder to the other heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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