My Question is a man marries second time after the death of his first wife. Before the death of his first wife he had given one of his properties to his son born out of the first wife. After the second marriage the father is demanding back the property from his son for his second wife. Can you please advise as per the Shariah law?
بسم الله الرحمن الرحيم
(Fatwa: 1426/979/L=11/1434)
In the case mentioned above, if he handed over the property in the possession of his son from first wife, then the son became the owner of the property. Now he cannot take back the property from him:
ولا یرجع فی الھبۃ من المحارم بالقرابۃ کالآباء والامھات وان علوا والاولاد وان سفلوا (عالمگیری: 5/387)
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband