Gifts in life time versus inheritance : gifts and inheritance

Fatawa Question

We are 3 brothers and a sister. My father had built a house in 1969, which he has given to four of us. My father had built this house from his sole earnings, which is being rebuilt as a joint investment from 3 brothers and my father. The value of this house was 80 and once it will be rebuilt the value of the property will be 125 (say monetary units). My mother owns another house that costs say 50, it was built by my father from the money he earned completed in 1980. My mother wants to gift this house to my sister or my sister’s daughter. The questions are as follows : 1. Can my mother gift the second house to my sister under Islamic law while she is also a shareholder in the first house ? 2. Can my mother gift the house to my sister’s daughter if not my sister ? 3. In case my father takes my sister out of the ownership of the first house and my mother gifts the second house to my sister, is that ok under Islamic law of inheritance ? 4. What is the Islamic ruling in distribution of inheritance (and gifts) in the circumstances mentioned above ? one last request is : in case you do not find my question complete please ask me questions so that i get a comprehensive response from your side. Jazakum Allah Khairan, Farooq

Fatwa

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Publication Date

2002-12-30

Main Subjects

Economics & Business Administration
Financial and Accounting Sciences
Islamic Studies

Topics

• Islamic jurisprudence
• Islamic economics
• Endowments
• Inheritance
• Real property
• Siblings
• Heirs

No. of Pages

3

Data Type

Fatawa

Language

English

Record ID

BIM-724221

• APA
• MLA
• AMA