How is the legal inheritance of real estate divided among the heirs, and are the two apartments built by the eldest brother from his own money deducted from it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Merely granting permission to build does not establish a gift (). If your father did not explicitly gift the air rights to your brother, then what he built is considered a loan (ʻariyah) which terminates upon the father's death. What he built should then be appraised, whether it is dismantled or standing, and the heirs pay him its value and take ownership of it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/148473
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 148473
- 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