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Gift And Inheritance
One of my relatives, who is MashaAllah still alive, has some property, which includes a couple of open plots of land, some cash investments, and a house (which is the most valuable). He gifted ( transferred the title of the house to his wife and only son), jointly in the proportion of 50 percent each. He had earlier also gifted some vacant plots to all his children without determining the value of the respective properties, meaning these were not necessarily equivalent in value. My relative also has two married daughters. Kindly guide regarding the Islamic injunctions on inheritance, including the shares of his daughters in the gifted house to ensure equity.
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Gift And Inheritance
updated 4 months, 3 weeks ago
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6
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Gifted houses will not be accounted in calculating inheritance, as they were given with in the life time. Hence, no one can claim any thing from the gift.
@Irfan76 sb plz correct if I am wrong
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Just wantef to clarify the following: the. House was gifted by my uncle to his son and wife and daughters were not included in the gift of the house:
The original question is clarified as follows:
One of my relatives, who is MashaAllah still alive, has some property, which includes a couple of open plots of land, some cash investments, and a house (which is the most valuable). He gifted ( transferred the title of the house) m to his wife and only son), jointly in the proportion of 50 percent each.My relative also has two married daughters. He did not include both his daughters in the gift of the house.
He had earlier also gifted some vacant plots to his children without determining the value of the respective properties, meaning these were not necessarily equivalent in value. Kindly guide regarding the Islamic injunctions on inheritance, including the share of his daughters in the gifted house to ensure equity
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Sorry, i replied due to wrong understanding previously.
However gifts are gifts. Daughters wouldnt share any thing from that house.
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My understanding is that in Surah Baqarah, the limit of gift is limited to 1/3 of the value of the estate and that too to entities other than legal heirs?
The legal heirs are to share in proportion to that prescribed in Shariah. Accordingly, Is gifting house which is valued in excess of 3/4 of the estate to the son, to the exclusion of both daughters , as per Islamic injunctions?
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This is not about will, which is distributed later, after the death of the person, in which 1/3 of his will is effective, according to Hanafid school of thought, there is no mention of it in the Qur’an. It is a gift and father gave it in his life. There is no legal objection to his act. However, the father should do it with the sense of justice for which he will be answerable to God.
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Thank you for the advice.
JazakAllah
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