Gifts in life time versus inheritance : gifts in life time and inheritance

Fatawa Question

Assalamu Alaikum, my father in law left behind him, wife, 2 sons and three daughters. During his life time he accumulated lot of property. All of his children were married in his life time. To his daughters he gave two houses, which he himself was managing all his life and during his life time sold them (without consulting his daughters) and later told them about it to give them the money later on. He also mentioned that some other very valuable commercial properties will be for his two sons (but they were in full control of father who had them on his name and he only managed them independently). The house he lived in is also very expensive house. After he died his younger son was living with him in the house while all other children were living in their own places. The younger son never gave an account of the cash or jewelry which he had left behind. He took the business place of father and opened his own business in the life time of father. Other commercial properties he sold after getting signatures of all 3 daughters and elder brothers. After selling the properties both the brothers did not even tell the sisters for how much they had sold the properties (these were in prime locations of an international city in India, so are very valuable). When sisters asked for their shares both produced a will of the father which gave these properties to the two sons and the two houses which were sold in father's life time (much less value) to daughters. The house they live in is a big valuable house. And according to so-called will it is to go to sons though daughters may stay in the house when visiting! I am sure after the wife, mother of the sons and daughters die this house will be sold. They will have to be signed by all sisters and brothers to sell it. Two of the sisters are well to do (and so are the brothers). Nevertheless sisters have been asking for their share of inheritance without any luck. should they sign the papers for the sale of the house or not. Do they have any rights on the properties when they have not been given their rights by Qur’anic law ? Ma Assalam

Fatwa

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Publication Date

2002-05-20

Main Subjects

Economics & Business Administration
Financial and Accounting Sciences
Religion
Islamic Studies

Topics

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

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-724236

• APA
• MLA
• AMA