Buying and Selling: Ruling on Roof Ownership Reserved by Seller in Property Sale

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Roof Ownership Reserved by Seller in Property Sale

English:

Question #1522:

A person sold a shop with the condition that its roof remains as his own to build another storey on it if he so wished. Has the buyer the right of disposal over the roof of the property, noting that, if it had not been for this condition, the vendor would not have sold the property?

Answer #1522:

The buyer has no right of disposal over the roof, after it has been excluded by virtue of the provision in the contract.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling