Fatwa No : 77648
Method of dividing assets between a son and daughter in one's lifetime

Method of dividing assets between a son and daughter in one's lifetime

I have two children and I want to divide the property between in my life time. I have a son and a daughter and I want to give equally to both of them. Please tell me the method.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be known that every person is the sole owner of all his property and assets during his healthy life before he falls ill which leads to his demise. He can lawfully dispose of it in any way he wants. It is not obligatory for him to distribute his property and assets among his children during his lifetime, nor does any son or daughter have the right to demand a share in it. Therefore, it is not obligatory for the questioner to distribute his property and assets among his children either. However, if the questioner wishes to distribute his property and assets among his children of his own free will, then he has the option and this distribution is not an inheritance, but rather a gift. The better and recommended way of doing this for the questioner is, to keep whatever he needs for him and his wife for the rest of their life according to a careful estimate, and divide the remaining property and assets equally among his children, and give each of them regular possession of ownership of their share, so that this gift and asset is also valid and complete according to the Sharia law. Simply mentioning the names in the papers or giving it verbally is not enough. In gifts and donations, the preferred way is to treat his son and daughter equally and alike, and should not give more to one and less to another, as both are his children. However, if he wants to give more to one than the other due to one’s services towards them, requirement, or religiousness, then this is also permissible according to Sharia. However, he should not deprive any heir of his property without reason, as this is a sin.

مأخَذُ الفَتوی

کما قال اللہ تعالی: اِنَّ اللّٰهَ یَاْمُرُ بِالْعَدْلِ وَ الْاِحْسَانِ الآیۃ (آیۃ:ـ90 سورۃ النحل)۔
و فی بدائع الصنائع: وینبغی للرجل أن یعدل بین أولادہ فی النحلی لقولہ سبحانہ وتعالی "إن االلہ یأمر بالعدل والإحسان (إلی قالہ) ولأن فی التسویۃ تألیف القلوب والتفضیل یورث الوحشۃ بینھم فکانت التسویہ بینھم أولی ولو نحل بعضاً وحرم بعضاً جاز من طریق الحکم لأنہ تصرف فی خالص ملکہ لاحق لأحد فیہ الخ (کتاب الھبۃ فصل واما الشرائط بانواع ج6 صـ 127 ط: سعید)۔
وفی الدر المختار: (وتتم) الھبۃ (بالقبض) الکامل (ولو الموھوب شاغلا لملک الواھب لا مشغولا بہ) والاصل ان الموھوب ان مشغولا بملک الواھب منع تمامھا وان شاغلا لا الخ(کتاب الھبۃ ج6 ـ 691-690 ط: سعید)۔