Building on jointly owned property

Question

Question: How will the inherited house of Zayd’s father — which Zayd rebuilt as a solid (brick-built) structure, spending 35–40 thousand rupees of his own money — be divided according to the Shari‘a? And what share do the children of Zayd’s brothers have in this house according to the Shari‘a? Kindly carry out the Shari‘a division and give a fatwa.

Answer

If, before building the house, Zayd made some arrangement with the other heirs, then it should be written what that arrangement is. If he made no arrangement and did not obtain their permission to build the house either, then Zayd alone is the owner of this building; the other heirs have no share in this building, but they do have a share in the land.

Source: Fatawa Mahmudiyya

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