Ownership of a house built on another person’s property

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A property (a piece of land) belonged to my grandfather. My father constructed a house on the land. Now both of them are not alive. Who will get the share of the rent? Are my fathers sisters eligible for the rent or only eligible for their share in of the land?

Bismillaah

A: They have a share in the land. They do not have any share in the house. As far as the house is concerned, it belongs to the heirs of your father. The heirs of the land may charge them rent for using their land. Similarly, they can ask them to demolish the portion of the house that occupies their portion of the land. If the heirs of the house want to sell the house to the heirs of the land, they may do so with mutual agreement.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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