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The question

Is it permissible for a mother to revoke her gift to her son after 14 years of his possessing and developing the gifted property?

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

The mother must be equitable in giving gifts to her children. Favoritism is only permissible if the remaining adult, mature children consent. If they do not consent, the mother must either give the others a similar gift to what she gave her son, or reclaim the gift. It is forbidden to revoke a gift except in specific cases, such as a father or mother revoking a gift given to their child, provided that the gifted item remains in the child's possession and control, and that the gift has not undergone an attached increase that would prevent its revocation.

Therefore, if the siblings consent to the gift, or if the gift has undergone an attached increase, such as building on the gifted plot of land, the mother cannot revoke it. In this case, if the siblings do not consent, the mother must compensate them, or the recipient of the gift can compensate his siblings with their share of the gift's value.

If the mother insists on revoking the gift despite it not being legally permissible, scholars should advise her. If she does not retract, the son may refer the matter to the judiciary without it being considered an act of disobedience.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
29972
Imported
Translation status
Source text, unreviewed
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