Is it permissible for a woman to transfer ownership of her properties to her daughters to disinherit her father, especially after he disinherited her from his inheritance?
A father is an heir who is not disinherited except by a barrier such as disbelief (kufr) or intentional killing. He inherits one-sixth (1/6) if the deceased has a child. He also inherits the remaining share by ta'sib (residuary heir) after the ashab al-furud (sharers) if the deceased has no other heirs than those mentioned. The intention to disinherit the father is a transgression of the limits set by Allah and an act of disobedience (uquq), and the father's past mistakes do not justify it.
Registering the house in the daughters' names is a past gift ( madhiyah) if it was completed while the giver was of sound mind, and lawful possession was taken by the giver vacating the house. If the condition of possession was not met, then the house is an inheritance (tarkah) to be divided among the heirs. It is advisable to deal with the father kindly and gently, and not to register the house in the daughters' names unless it is not intended to disinherit the father.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 68133
- 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
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