Fatwa No : 82671
Distribution of property among the children during one’s lifetime

Distribution of property among the children during one’s lifetime

Respected and Honorable Scholars and Muftis, what is the ruling on the following issue that during their lifetime, the parents transferred ownership of separate houses to each of their children on their names. Now, after the passing of the parents, when the inheritance is to be calculated, will those house that had been transferred to the children to be included in the distribution of inheritance or not? Kindly explain this matter in light of the Qur'an and Sunnah. It is also worth mentioning that the children had full rights of ownership and control over their respective houses during the parents’ lifetime, granted by the parents themselves.

الجوابُ حامِدا ًو مُصلیِّا ً

If the father or mother, from their owned properties such as houses, gave something to each son, daughter, or some of them, and also formally handed over full ownership and possession to them, then in such a case, those houses or properties have become the sole ownership and possession of the recipients. Accordingly, the inheritance of the parents will apply only to the remaining property, excluding those portions already given.
However, before providing a complete ruling, it is essential to know who passed away first and who passed away later, and who were the heirs at the time of their passing.

مأخَذُ الفَتوی

ففی الدر المختار: و في الخانية لا بأس بتفضيل بعض الأولاد في المحبة لأنها عمل القلب، وكذا في العطايا إن لم يقصد به الإضرار، وإن قصده فسوى بينهم يعطي البنت كالابن عند الثاني وعليه الفتوى ولو وهب في صحته كل المال للولد جاز وأثم اھ (5/ 696)۔
و فيه أیضا: (و) شرائط صحتها (في الموهوب أن يكون مقبوضا غير مشاع مميزا غير مشغول) كما سيتضح. (5/ 688)۔