How is the legal inheritance divided for the estate of a father who passed away in 2005, whose estate consisted of a house, then his wife (the mother of the children) passed away in 2019, and is the inheritance divided based on the value of the property at the time of the father's death or now, especially since the eldest sister did not claim her right until after the mother's death?
Resolving disputes in matters of inheritance and shared rights falls under the jurisdiction of the judiciary, as it is best equipped to ascertain the truth of claims, evidence, and defenses, and to issue judgments.
As for the , he only hears from one party and cannot issue a judgment in such cases.
In general: - None of the heirs is permitted to build upon the inherited house except with the permission of the others. Otherwise, he is an usurper, and the heirs have the right to compel him to remove his construction or to take its value as dismantled material. If they permit him on the basis of a loan ('ariya), then he is only entitled to its value as a standing structure. If they gift him the airspace, then he owns the building alone. - If the inherited property cannot be divided by legal partition, any heir has the right to request the sale of the property and the division of the proceeds. If any of them refuses, the judge shall compel him.
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