Do sons and daughters have the right to claim their full inheritance share of the house, or is their right restricted to the ground floor only, on the pretext that one of the sons built the other floors?
The summary of the answer is as follows:
The family home is divided as follows:
1. The Land: If it was owned by the deceased father or the deceased mother, then all children are partners in it.
2. The Ground Floor: If the mother who built it has passed away, then all children are partners in it. If she is alive, it belongs to her.
3. Valuation and Distribution of Inheritance:
The entire house (land, first floor, and two apartments) must be valued, then each apartment valued separately.
The heirs have the option to sell the house and divide the proceeds after giving the value of each apartment to the one who built it (assuming the mother has passed away).
The first brother can buy the house by paying his brother the value of his apartment, and paying the three (including himself) the value of the first floor and the land.
The land and the first floor are shared by everyone.
The two built apartments are valued based on their construction only (without the value of the land).
An adult, sane heir may waive all or part of their right.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/21102
- Source platform
- Ftawy
- Original fatwa ID
- 21102
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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