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Fatwa CenterThe maintenance cost of the inherited room should be shared by all the inheritors
Question
Assalamwalequm We have a Room which is on my AMMI's name. After my father death, my mom, myself and my younger brother spent some money for makeover purpose. Now my elder brother is asking my AMMI to sell the room and give him his Part of the property. Can we deduct the amount which myself and my younger brother has spent for the room and then give him his share? Also my AMMI is not ready to sell the room. We are three brothers and 2 sisters. Please guide us in this matter.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the room is included in the inheritance that your father had left, then each heir has the right to ask for the inheritance to be divided so that he can get his own share.
If the heirs do not agree with the division of the inheritance according to the known methods of inheritance, which are as follows: a) alternating in benefiting from the property, b) agreement between the heirs, c) division by drawing lots. If they do not agree to adhere to any of these methods, then the room should be valued and it should be sold and everyone will get his share from its price each according to his share in the inheritance.
However, if the other heirs do not agree with the sale, they should give the share of the inheritance to the heir who asks for the division. Hence, you should know that the mother has no right in preventing her son from his right in the inheritance if he asks for its division according to the previous details.
As regards the ruling on the money that you and your mother had spent on refurbishing and maintaining the room, then you are allowed to ask your brother to pay you his portion in the refurbishment and maintenance of the room.
Based on the above, if the share of the elder brother from the cost of the room is given to him, it is permissible for his brothers to deduct the amount of money which they spent on his share in the maintenance and refurbishment of the room.
Allaah Knows best.
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