My mother-in-law has only three daughters alive, no sons. Once she fell ill and fearing that she may die, she registered all her land property with a building on it to her three daughters so that nobody can occupy the property (her brothers or her husband’s close relatives). Is this gift or distribution of property to daughters valid according to Shariah?
Answer
(Fatwa: 271/154/H=1433)
Solely by registering the property neither it shall carry the ruling of gift nor will it fall under the category of property distribution. If it was done with the intention of depriving the legal heirs then it was not lawful. And if the mother-in-law died in this state then all the heirs shall be entitled to receive their shares in all the property left by her as per their Shariah shares.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband