Building on a jointly owned land from the inheritance


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Q 2: I have built a house at my own expense on an agricultural land that was left to me as my portion of my father’s estate. I have a married sister who jointly owns the land with me through her share in our father’s inheritance. (Part No. 16; Page No. 481) I would like to ask about the house that I built with my own money on the land that my sister owns a third of. How can I manage this with my sister, should I buy her share in the land or ask her to waive her right in it? Is that permissible, as I want to avoid any doubtful matters?


A: If the land mentioned belongs to you and your sister as your shares in your father’s estate, then your sister owns one-third of the land or one-third of its current value, unless she herself waives her right in the land, which is acceptable if she is an adult, but if a dispute arises between you over any of the foregoing, the matter should be referred to the courts. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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Ahmed Naina