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Sales Fatawa / Renovating of a jointly owned property is done according the value of shares.

Renovating of a jointly owned property is done according the value of shares.

date de publication : 2016-03-22 | Vues : 2375
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My mother partly owns a building with her brothers. Now the brothers are renovating this building. Does this mean that they should implement the principle “a male should have twice the share of a female” meaning to say the brothers should pay twice as much as my mother?

إصلاح الملك المشترك يكون على قدر الأنصباء

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

To proceed:

In response to your question, we say, and with Allah Almighty lies all success:
If your questions is: Should renovating and servicing be done according to respective shares? The answer is: Yes it should be done according to respective shares. If your mother owns a third of this building and her bothers own another third then they should contribute according to that ratio.  This has nothing to do with inheritance but rather it should be promotional. Therefore, had one of the female heirs bought her sisters’ share of inheritance and added it to hers, what are we going to say here? Pay according to how shares were at the time of inheritance. No but she has to pay according to share ratio at the time of renovation, meaning to say in our example she will have to pay for two thirds which is according to reality on the ground. 

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