Right of children in the property

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Prev Question
Next Question
My wife’s father has 4 sons and 3 daughters, before he died he gifted 1 flat to each daughter out of 8 flats in a building and 4 flats to his 4 sons 1 for each and balance 1 flat he said to use for sabab e jaria. Now my wife brothers are against gift of flat to daughters and they are telling that their father has not done the right thing. My understanding is that one can gift his earned property to anyone and any amount, and sharia law will be applicable for property left without will. Please guide us what is right.

بسم الله الرحمن الرحيم

(Fatwa: 520/520/B=06/1437)

Until the father is alive he alone is the owner of all his property. He can do whatsoever he wants in it. If he, in his lifetime, gifts each of his children (sons and daughters) one-one flat from eight floor building and gave the flats in their possession and withdrew his ownership from the flats then this gift (hibah) was valid and each son and daughter became the owner of his or her share. The objection of the wife’s brother is not correct. Whatsoever you expressed your views it is correct according to Shariah.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.


Warning: mkdir(): Disk quota exceeded in /home/u613471215/domains/islamqa.org/public_html/wp-content/plugins/rapid-cache/includes/src/Traits/Ac/ObUtils.php on line 364

Fatal error: Uncaught Exception: Cache directory not writable. Rapid Cache needs this directory please: `/home/u613471215/domains/islamqa.org/public_html/wp-content/cache/rapid-cache/cache/https/islamqa-org/hanafi/darulifta-deoband/110671`. Set permissions to `755` or higher; `777` might be needed in some cases. in /home/u613471215/domains/islamqa.org/public_html/wp-content/plugins/rapid-cache/includes/src/Traits/Ac/ObUtils.php:367 Stack trace: #0 [internal function]: MegaOptim\RapidCache\Classes\AdvancedCache->outputBufferCallbackHandler('<!DOCTYPE html>...', 9) #1 /home/u613471215/domains/islamqa.org/public_html/wp-includes/functions.php(5107): ob_end_flush() #2 /home/u613471215/domains/islamqa.org/public_html/wp-includes/class-wp-hook.php(303): wp_ob_end_flush_all('') #3 /home/u613471215/domains/islamqa.org/public_html/wp-includes/class-wp-hook.php(327): WP_Hook->apply_filters('', Array) #4 /home/u613471215/domains/islamqa.org/public_html/wp-includes/plugin.php(470): WP_Hook->do_action(Array) #5 /home/u613471215/domain in /home/u613471215/domains/islamqa.org/public_html/wp-content/plugins/rapid-cache/includes/src/Traits/Ac/ObUtils.php on line 367