Q. An heir occupied one of the properties owned by the estate with the permission and consent of all the heirs. The property is being vacated by the heir who is claiming compensation for improvements made to the property whilst the property was occupied. Does the heir have any claim of compensation for improvements made to the property?
A. Upon the demise of a deceased person, all the heirs of the deceased become co-owners in all the assets and properties owned by the deceased. If any of the heirs occupied any of the properties co-owned by the heirs with the consent and permission of the remaining heirs and improvements were made to any of the properties during the period of occupation, the heir/occupant is not eligible for compensation for any improvements made to the properties if there was no pre-arrangement of compensation in place for the same.
If there was a pre-arrangement of compensation for any improvements made to any of the properties in place, then only will the heir/occupant be eligible for compensation.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa