Fatwa No : 83812
The Ruling on a Child Taking Wealth from the Father and Waiving Their Share of Inheritance

The Ruling on a Child Taking Wealth from the Father and Waiving Their Share of Inheritance

Respected Mufti Sahib, Assalamu Alaikum:
Kindly guide us in accordance with the Qur’an and Hadith:
Zaid has two sons, two daughters (one married and one unmarried), a wife, and parents. When the elder daughter needed a house, Zaid calculated the total value of his property according to inheritance rules and bought a house for the elder daughter equivalent to her future share, then gave it to her. He did not distribute the rest of the estate among the other heirs at that time. He also took a written declaration from the elder daughter (copy attached).
(1) Will the elder daughter have any right in the future increase of the remaining estate of Zaid?
(2) After Zaid’s death, will the elder daughter have any share in inheritance?
Attached Declaration:
I, (current resident at [Karachi address]), hereby declare, in full consciousness and of my own free will, without any coercion or pressure, that my parents have given me my rightful share from their property/inheritance, which is in the form of a house. I have received the full value of that house.
Therefore, I now willingly relinquish any claim, whether direct or indirect, to any property, cash, gold, jewelry, or any future income or assets acquired by my mother or father during their lifetime or after their passing. I also pledge not to claim any share from their estate after their death, nor will I make any kind of demand from their heirs.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, the property (house) given by the individual named Zaid during his lifetime is considered a gift (hibah) and not a substitute for inheritance. Therefore, after Zaid’s death, the daughter will still be entitled to her share of the inheritance as part of his estate—unless Zaid, during his lifetime, distributes his entire estate among all heirs and makes each one the owner of their respective shares, and gives nothing further to the said daughter. In that case, he would be within his rights, and it would not be considered sinful according to Shari‘ah.

مأخَذُ الفَتوی

ففي شرح لمجلة : يملك الموهوب له الموهوب بالقبض وھو شرط لثبوت الملک اھ (۱/ ۴۷۳)۔
و في تكملة حاشية رد المحتار: الارث جبري لا يسقط بالاسقاط. (2/ 116)۔