JonSnow Staff asked 4 years ago
A person lives with his mother and his wife and kids in his mom’s house. his brother builds his house on the first floor. unknowingly the mother signs of the upper story on the sons name, and the brother refuses to allow his brother to build on the 2nd floor since this will be causing him disturbance. right to build on the 1st floor was with the brother who actually stays with his mother,but he allowed the 2nd brother to build, now the 2nd brother refuses to allow the 1st brother to build on top due to the above reason. What does shariat say regarding such a situation? Can the brother build or not?
JonSnow Staff answered 4 years ago
Since the land is for the mother, then the mother has the right to give during her lifetime or refuse. Nontheless since she gave the right to the first son to build, then even that the first is refusing, she should give the equal rights to all his children. But if she gave on the basis of the son looked after her and the son is a religious person, then she may refuse the right to build for other children. Nontheless if no door of concession is occuring, then the first brother may buy the concreted pillars on top of his house and pay the second brother a price that may be sufficient for him to buy a flat elsewhere. In the case that no concession and equity distribution done then the first son will suffer lost in the Akhirah. If the land was inherited from the father, then the inheritance scenario would be different.