Dividing a Property of Inheritance Which is up For Renovation

3-12-2018 | IslamWeb

Question:

Assalamualikum BrotherWe are 4 brothers and 4 sisters we are well aware that as per islamic law brother will get double the share of sister but the house is very old so we are planing to give it for development. We would like to know wether we should divide the property before development or after development for giving sisters share.Wating for your early replyThanksJazak Allah khair

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

The inherited house, whether it is old or new, should be divided between the heirs according to the Sharee’ah.

The heirs have the choice either to divide it (the inheritance shares) before renovating it or after that. No one should be singled out and forced to take his share before its renovation.

If they agree to postpone its division until after renovation, then the cost of renovation should be divided among the heirs each according to his Islamic share in the inheritance, if they wish to do so.

In any case, if one of the heirs asks for the division of the house, then the rest of the heirs are forced to divide it, even before renovation, and even if this entails selling the house in order to divide its price.

Shaykh Ibn Taymiyyah said: “If a co-owned property is indivisible and any of the co-owners requests selling it and dividing its price among the co-owners, then it should be sold and its price should be divided among the owners as requested.” [End of quote]

He also said: “Any co-owned property that is indivisible should be sold, and its price should be divided if any of the co-partners requests that. If one (of them) refuses, then he is forced to sell; some scholars of the Maaliki School reported that there is a consensus regarding this ruling.”

For more benefit, please refer to Fataawa 309490, 123882, and 130136.

Allah knows best.