Rights in an Upper Floor Built on Inherited Property — Jurisprudential Answers — Miscellaneous Issues, Vol. 3
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Question 93
A man died leaving a house to five sons and two daughters, all of whom lived there with their mother. Three sons were married and each had a room in the house. One married son built an upper floor. A brother objected that if the house were later sold and the shares divided, he would have no right to demand repayment of what he spent on construction, and he agreed not to make such a demand. Years later he moved back to the room in which he had married and rented out the upper floor, keeping the rent for himself for years. He now demands that the house be valued both without and with the upper floor so that he receives the difference in value in addition to his share of the original house. The questions are: 1. May one heir independently make use of the roof of inherited property? 2. Do the other heirs have a share in the rent from the upper floor, and if so how is that settled after years have passed and the local currency has been unstable? 3. To whom does the upper floor belong, and may the builder demolish it? 4. If he is still living on the upper floor, may he control the house on which he built it, or object if the other heirs collectively decide on a course of action?
Ahmed al-Hasan Response:
He is entitled to the value of what he built. Merely asking whether he waives it is not sufficient. However, the other heirs are entitled to the land's share of the benefit from the construction. In other words, the value attributable to the bare land and the value attributable to the structure he built are assessed, and the rental income is apportioned between the land and the building. The portion attributable to the building belongs to him; the portion attributable to the land belongs to all the heirs, including him. As for dividing the inheritance, when one or more heirs request division, the inheritance must be divided—or at least the heir who requests division must be given his share. The objection of one or more heirs cannot prevent the division. The inheritance is the heir's right, and some heirs have no right to delay the others from benefiting from their inheritance.
published translation. Source [1]
Source: الأجوبة الفقهية (مسائل متفرقة – ج3); Question 93; Page 32; FIQH-MISC-V3-Q093. View Arabic source · Open the original Arabic source ↗
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References
- ↑ أحمد الحسن. الأجوبة الفقهية (مسائل متفرقة – ج3). Question 93; Page 32. FIQH-MISC-V3-Q093. View Arabic source
Cite this page
الأجوبة الفقهية (مسائل متفرقة – ج3) — أحمد الحسن. Question: 93. Page: 32. FIQH-MISC-V3-Q093. https://books.ahmadalhassan.com/readbookshow/346
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