Fatwa No : 83192
The ruling on constructing a second floor on a house at the parents' request, and the entitlement to its value in case the house is sold.

The ruling on constructing a second floor on a house at the parents' request, and the entitlement to its value in case the house is sold.

Respected Mufti Sahib of Jamia Binoria Aalamia, Karachi, My respected father purchased a plot and constructed a single-story building (ground floor) on it. All the expenses for the plot and the initial construction were paid by my father. Later, both my father and mother insisted that I build a second story (upper floor) on the house. I agreed to do so on the condition that they would not sell the house. They promised accordingly. Following my father’s instructions, I also had a separate electricity and gas meter installed, and even separate sewerage lines were laid as per his request. Now, my siblings are pressuring my father to sell the house. My condition is that if the house is sold, I should be paid according to the current market value of the upper floor I built — since the property's value has significantly increased due to my construction. My father is willing to pay me for the upper portion, but my siblings are not in agreement. Both my parents forced me to build the upper floor with a promise that the house would not be sold. Kindly clarify in light of the Qur’an and Sunnah: Am I entitled to receive the current market value of the upper portion that I constructed? While the siblings are telling the father not to pay anything for the upper portion.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, if the questioner indeed constructed the upper floor at the request of his parents and after making a formal agreement with them, then that upper floor is rightfully his. He is entitled to receive its value based on the current market rate, regardless of whether that amount is more or less than what he originally spent. Therefore, if the parents sell the property, they are obligated to pay the questioner the value of the constructed upper floor.

مأخَذُ الفَتوی

ففي الفقه الإسلامي وأدلته للزحيلي: الواجب بالإتلافات المالية هو الواجب بالغصب: وهو ضمان المثل إن كان المتلف مثلياً، وضمان القيمة يوم الإتلاف فيما لا مثل له اھ (6/ 4836)۔