Is it permissible for a mother to transfer ownership of her house to her two minor daughters before her death, one of whom has a disability, in order to secure their future, and is it obligatory to inform and obtain the consent of her other heirs for this action to avoid falling into what is forbidden?
The gifting of a house inhabited by a family is not valid unless they vacate it of their belongings and reside elsewhere. However, if the donor occupies a small portion of it and rents out the remainder to the donee, then in this case, the gift is valid. If the house is vacated or only a small part of it is occupied, there is no objection to gifting it to daughters, provided that the intention is not to deprive other heirs of their inheritance, and that the gift is not contingent upon death, as it would then become a bequest to an heir, which is not legally valid. It is not necessary to inform the mother or brothers about the gift for its validity.
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
- 87606
- 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