IslamQA

Completing the construction of a building inherited from one’s father

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am a lady. I have two brothers. My dad left a house which has 2 floors; ground floor and first floor. On the first floor, there are only pillars. The construction was going on but my father passed away. The house was on my father’s name itself but he used to say that the ground floor will be for my eldest brother and the first floor will have two portion, one for me and one for my other brother. But since he has passed away, my brothers are telling me to do the construction all by my own and they will not help me in doing that construction. They are telling me that if I want, I can do the construction and live there. Is this right? Should I do the construction on my own or should they also help me?

Bismillaah

A: Since your late father did not grant full control and ownership of the building to your brothers, they will not be regarded as the owners. Instead, the whole building will be part of the estate and all the heirs will have shares in it.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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