What is the ruling concerning a dispute over ownership of a house where one claims inheritance from his father and the other also claims inheritance from his father?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a dispute arises between two non-related individuals over a house, and each claims it as an inheritance from his respective father, the house belongs entirely to the one who currently possesses it, regardless of whether that possessor is Muslim or not. If the house is in the possession of both parties, it is divided equally between them. If both parties possess evidence regarding the house, the evidence nullifies itself, and the ruling follows established precedents for such conflicting proofs.