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The Islamic legal status of transferring property solely to a son during one's lifetime

Inheritance,Inheritance,The Islamic legal status of transferring property solely to a son during one's lifetime

Fatwa No :
82664
| Date :
0000-00-00
معاملات / ترکات / احکام وراثت

The Islamic legal status of transferring property solely to a son during one's lifetime

I wish to willingly transfer a house worth 400 rupees to my son and give my daughter one hundred thousand rupees in cash. I live with my son. Whatever I possess afterward will belong to my son. My daughter will not make any claim. What is the Islamic ruling regarding this action? Kindly provide your advice in light of Shariah

الجوابُ حامِدا ًو مُصلیِّا ً

During a healthy lifetime before falling into a terminal illness that is the ultimate disease which caused his death, every person is the sole owner of their wealth and property and has the right to dispose it in an manner as they wish. In such a condition, whatever a person gives to someone is considered, in Islamic law, a gift (hibah). For the gift to be valid (complete), possession is a condition. Equal treatment among children in gifts is recommended and preferred. Based on this, if the mentioned person, out of his own free will and without any coercion, wishes to gift the mentioned house to his son, then simply transferring it in name is not sufficient, rather, he must end (relinquish) his own possession and hand it over with full ownership, meaning he must give the house along with all its belongings in the son's possession.
Similarly, the daughter must also be given actual, physical possession of her cash amount so that the gift becomes Islamically valid. Then, if the person has no other property and continues living with his son, whatever income he brings in would be considered the son's property due to the father's dependence and the son's care and support and no one else has the right to claim it according to Shariah.

مأخَذُ الفَتوی

کما في الهداية شرح البداية: وتصح بالإيجاب والقبول والقبض (3/ 224)۔
و في الدر المختار: و في الخانية لا بأس بتفضيل بعض الأولاد في المحبة لأنها عمل القلب، وكذا في العطايا إن لم يقصد به الإضرار، وإن قصده فسوى بينهم يعطي البنت كالابن عند الثاني وعليه الفتوى ولو وهب في صحته كل المال للولد جاز وأثم اھ (5/ 696)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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