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Can My Mother Give Her Property To Whoever She Likes In Her Lifetime?

Answered as per Hanafi Fiqh by Seekersguidance.org

Question:

Assalamu ‘Alaykum.

My mother is the sole owner of a property/estate. Father is not alive.
She has three sons and two daughters.

Can she gift her property to whoever likes it while she is alive?

Can she make a will while she is alive to gift to whoever she likes?
If there is a property left after death, how is it inherited?

Answer:

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

Your mother can give her property to whoever she wants in her lifetime – but she will be sinful if she is not fair. When she dies, you will all automatically get the share the Qur’an has allocated to you. Its value is divided into either part: the sons get two each, and the daughters one each.

Any will contrary to this is of no consequence unless the heirs all agree to distribute it a particular way. This is a serious matter. Please refer to this answer which explains it in more detail.

May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim

Checked and Approved by Shaykh Faraz Rabbani

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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