Giving a gift to one’s children during one’s lifetime

Q: My deceased father (passed away 5 years ago). He gave me a big flat worth 90 lacs and gave my sister a smaller flat worth 40 lacs. What is the difference amount I have to pay to her after giving 1/8th share to my mother?  Also she says she has a 40% share in my flat because of the delay in the sale of the flat. I have never  delayed or opposed or obstructed the sale of my flat. Is it correct for her to demand this 40% share in my flat saying that the sale was delayed? Please guide me as to how this should be done based on the above figures.


A: If your father had gifted you and your sister during his lifetime when he was well, then this will not be part of the estate that will have to be wound and distributed among the heirs. Instead each one will own the entire gift that was gifted to him/her independently.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)