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The question

Are properties registered in the names of children (such as a vehicle, a tractor, and sums of money) to be divided as a legal inheritance, or do they become the exclusive right of the person in whose name they were registered, especially after the sums were withdrawn for the father's illness? And is the father's equal division of agricultural land considered an injustice to the son? And is it permissible for the son to divide the income from agricultural land with the male receiving the equivalent of the share of two females, knowing that the father wished for this income to go to the daughters?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For a father's gift to his sons and daughters to be effective, two conditions must be met:

1. The gift must be taken possession of by the donee in a lawful manner, such that the donee disposes of it as an owner, during the lifetime of the donor and while he is legally competent to act. If possession is not taken under these circumstances, then the gift is not valid.

2. Equality among the children in the gift; singling out some children for a gift while excluding others is not permissible, due to what was reported from the Prophet (peace be upon him) regarding equality among children in giving, and due to what came in the story of Nu'man ibn Bashir.

Since these two conditions were not met in the aforementioned case, as the father was the one who had the right to dispose of all properties and the children were unable to take possession, and he did not ensure equality among the children in the gifts, these gifts are considered invalid. The entire estate must be divided according to the prescribed legal shares.

The questioner is advised of the seriousness of inheritance matters and the necessity of referring them to Sharia courts for investigation and consideration, as there may be wills, debts, or other rights that take precedence over the rights of the heirs.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
84544
Imported
Translation status
Source text, unreviewed
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