In a Joint Inherited House, Who Owns the Construction If One Brother Has Built It?
Inheritance,Inheritance,In a Joint Inherited House, Who Owns the Construction If One Brother Has Built It?
Fatwa No : 84878
In a Joint Inherited House, Who Owns the Construction If One Brother Has Built It?
معاملات / ترکات / احکام وراثت
In a Joint Inherited House, Who Owns the Construction If One Brother Has Built It?
Respected Mufti Sahib, in a jointly inherited house, two brothers took residence in the constructed portion, and an empty plot within the property was given to the third brother. It was agreed that the third brother would construct his portion at his own expense and reside there. At the time of final distribution, the third brother will be paid the value of what he spent, and then the final division will take place. This third brother spent approximately 10,000 rupees on the construction around 40 years ago. Now, at the time of settlement, will the payment of the 10,000 rupees be based on its current value, or will the original amount be considered?
الجوابُ حامِدا ًو مُصلیِّا ً
The brother who incurred the construction expenses on the mentioned shared plot is the owner of the construction. Therefore, at the time of division, the value of the construction (i.e., the building or its remains) should be deducted, and only the value of the plot of land should be distributed among all the heirs.
مأخَذُ الفَتوی
كما في شرح مجلة: إذا أذن الشريك صراحة شريكه بالتصرف المضر فلاشك أن للشريك أن يتصرف بذلك اھ ( ج 3 ص 327)۔
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Fatwa No 84878 Verify Now
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