A man built a house on top of their house to live in, then his deceased relative died. Does the house he built enter into the inheritance, or is it his right?

The questioner : As for the house that exists here, in the past, the daughters have now become entitled to their rights, and this is their right. However, there is a problem between us, which is that the last two floors, I built them during my father’s lifetime, may Allah have mercy on him, with my own money. And now, if Allah wills, we will sell the house so that these daughters can leave, and the rest...

The Shaykh : ...each person takes what is his right.

The questioner : Each person takes his right, but do I have the right to the price of the two floors? I can take them. They acknowledge and confirm that I built them with my own money. Do I have the right?

The Shaykh : This varies.

The questioner : How?

The Shaykh : It may be your right, or it may not be your right. When you built the two floors, did you build them, or shall I say, one of two things? Then you want to judge by one of them. Did you build them as assistance to your father, or as a residence for yourself?

The questioner : Yes.

The Shaykh : If it was assistance to your father, then from the moment your father died, this became inheritance for everyone.

The questioner : Yes.

The Shaykh : And if it was the other, meaning you built this for yourself, then you say, did I build two floors? Two floors, meaning is each floor an apartment or apartments?

The questioner : No, each floor is a complete apartment.

The Shaykh : If each floor is an apartment, then you built two apartments in two floors. It is very clear that you built the apartment to live in it yourself, and you built the other apartment for your father or one of your brothers to live in, or you built it to rent it out on your own account. Whichever of the two possibilities was the case during your father’s life, that is what should now be followed between you and your brothers.

The questioner : Yes.

The Shaykh : If you built the two apartments or floors as assistance to your father and not specifically for yourself, meaning to live in one of the apartments and rent out the other, even if for your father or your brothers, then this is yours. But if it was the former, then you have no right to it except what you inherit.

The questioner : Yes, the result is that the first apartment is for me to live in specifically for myself, and the second so that the father and mother can sit in this second apartment, but...

The Shaykh: Okay

The questioner : What I mean is, if I take, based on your words, that if this is the case, I took this apartment for myself, do I have the right to claim my share of the rest of the house?

The Shaykh : You are their partner in the inheritance.

The questioner : A partner in the inheritance.

The Shaykh : What does your brother, who is older than you and younger than you, inherit? You are the same as him.

The questioner : This is without doubt, even if you took this apartment.

The Shaykh : My brother, if this is yours, it is yours. The problem, as I told you, is either it is yours or it is for the heirs. If it is yours, it is yours, and you are a partner with the heirs in what they inherit. And if it is like the other, then they are partners with you.

The questioner : Yes.

The Shaykh : Yes, yes, please go ahead.