Is the house considered an inheritance or property of the youngest daughter for whom the mother verbally willed the house 15 years before her death, knowing that the will was not taken possession of, and that the legatee is ill and not of sound mind?
A mother's bequest to her daughter is considered a bequest to an heir and is not executed unless the remaining adult heirs consent. If they consent, it is permissible; if they refuse, the house is divided as a legal inheritance. If the mother intended to gift the house to her daughter, but the daughter did not take possession of it before the mother's death, the gift is not complete, because a gift and other contracts of donation are not finalized until possession is taken. If the giver or the recipient dies before possession is taken, the gift becomes void. Matters of inheritance are complex and critical, and they should not be divided without consulting courts to protect the interests of both the living and the deceased.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 134390
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy