If Both Parties Bore the Cost of a House Built on Jointly Owned Land, the House Is Also Joint

Question

Two parties jointly bought a plot of land, which remained joint in every respect, that is, whatever it produced was divided half and half. After some time the first party, without the permission of the second party, built a house on a portion of the joint land, installed his own personal power looms in it and began earning income; and he wrote down the entire cost of building the house and gave it to the second party, saying: “Pay half.

Answer

Since the first party received from the second party half of the amount spent on the construction, then just as both are equal partners in the land, so too both will be partners in the house; there is now no right to deny it. Deceiving is a grave sin.

Source: Fatawa Mahmudiyya

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