Is it permissible to distribute the estate of a deceased father based solely on the properties registered in his name, while excluding some heirs on the pretext that they received more than others during the father's lifetime, or must everything the father left behind be divided according to Sharia, including what he registered in the names of his children?
If a man registers properties in the name of some of his children, and he grants them ownership of these properties, relinquishes control over them, and they dispose of them as owners, then this is a valid and enforceable gift that is not included in the estate. However, if the properties remain under his control and he does not allow them to dispose of them, and then he dies, the properties remain his ownership and are divided among his heirs according to Islamic law, because a gift becomes void upon the death of the donor before possession is taken. A verbal will to an heir is forbidden and is not enforceable unless the heirs agree to it. If the children have taken possession of their gifts, then the father's share that remains in his name is distributed among all heirs. If one of the two daughters has received more than the others, that is an unfair gift and must be rectified by taking the excess money from her and adding it to the estate, as a father must be equitable among his children in giving gifts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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