Answered by: Fadhīlat al-Shaykh Saʿīd Mujtabā Saʿīdī (ḥafiẓahullāh) & Fadhīlat al-ʿĀlim ʿUmar Atharī (ḥafiẓahullāh)
In a house where the family resides, do sons have a right to it or not? If they do, should it be according to the value of the building and the plot together, or only the plot? Please clarify in the case where there are four brothers and two sisters.
After a person’s death, all of his property—whether movable or immovable, constructed or unconstructed—belongs to his rightful sharʿī heirs.
Upon the father’s passing, both sons and daughters become legal inheritors of the residential property, including both the building and the land (plot) it stands on.
✔ Sons and daughters both have a sharʿī right in the inheritance.
✔ The combined value of the plot and the building must be determined.
✔ The property should then be divided among all heirs according to their prescribed Islamic shares.
According to Islamic inheritance laws:
Thus:
This applies to the entire value of the residential house, including both the land and the structure.
✔ Yes, sons have a right in the residential house after the father’s death.
✔ Daughters also have an equal right, as per Sharīʿah.
✔ The entire property (plot + building) must be evaluated and divided accordingly.
✔ Inheritance must follow Qur’anic law, without exclusion of any heir.
❖ Question:
In a house where the family resides, do sons have a right to it or not? If they do, should it be according to the value of the building and the plot together, or only the plot? Please clarify in the case where there are four brothers and two sisters.
❖ Answer:
After a person’s death, all of his property—whether movable or immovable, constructed or unconstructed—belongs to his rightful sharʿī heirs.
Upon the father’s passing, both sons and daughters become legal inheritors of the residential property, including both the building and the land (plot) it stands on.
❖ Key Guidelines:
✔ Sons and daughters both have a sharʿī right in the inheritance.
✔ The combined value of the plot and the building must be determined.
✔ The property should then be divided among all heirs according to their prescribed Islamic shares.
❖ In the Case of Four Sons and Two Daughters:
According to Islamic inheritance laws:
- The male’s share is equal to that of two females.
- The estate should be divided into 10 equal portions:
- Each son receives 2 portions (totaling 8 for 4 sons).
- Each daughter receives 1 portion (totaling 2 for 2 daughters).
Thus:
- Each son gets 20%
- Each daughter gets 10%
This applies to the entire value of the residential house, including both the land and the structure.
❖ Conclusion:
✔ Yes, sons have a right in the residential house after the father’s death.
✔ Daughters also have an equal right, as per Sharīʿah.
✔ The entire property (plot + building) must be evaluated and divided accordingly.
✔ Inheritance must follow Qur’anic law, without exclusion of any heir.
