Is it permissible for a brother to demand a large sum of money in exchange for vacating an apartment he inherited from his mother, in which he has resided without paying rent for 18 years, in order to enable the rest of the heirs to sell the property and obtain their legitimate share, knowing that his refusal will hinder the sale process?

Merely housing one's child in an apartment owned by the father is considered an ariya (gratuitous loan) that terminates upon the death of the lender (mu'ir). The son is entitled to the value of the finishing works he carried out with his father's permission. Should it be estimated as intact or dismantled? The majority of scholars hold that it is estimated as dismantled. If the heirs are unable to divide the inherited property through a legal Islamic division, any heir has the right to request its sale and the division of its proceeds. If one of the heirs refuses, the judge shall compel him to do so. The brother who carried out the finishing works is not permitted to stipulate a specific amount for his agreement to the sale.