Topic:
Demanding Rent from Heirs Residing in Inherited Property (No-35)
Our father passed away sixteen years ago, leaving behind a house that has shops on the ground floor. We, three brothers and three sisters, inherited it. My brothers and I live on the upper floors with our mother (who passed away two months ago). Rent from the shops is divided according to Sharia law among all siblings (including our late mother previously).
Can the other siblings who now live in their own homes demand rent from us for living in the house? If so, for how long will rent have to be paid?
If no rent agreement or demand was made after your father's death, the heirs that reside in the house (you and your brother) are not obligated to pay rent to the other heirs for living in the house. However, if the heirs that do not live in the house wish to collect rent in the future, they are permitted to establish a rental agreement.
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دلائل:
الدر المختار: (337/4، ط: دارالفکر)
لو واحد من الشريكين سكن ... في الدار مدة مضت من الزمن
فليس للشريك أن يطالبه ... بأجرة السكنى ولا المطالبه
بأنه يسكن من الأول ... لكنه إن كان في المستقبل
Allah the Almighty knows best.
Darul ifta Al-Ikhlas, Karachi.