Does the legal ruling change if the woman alters the wording of the contract which stipulates that ownership of the land will transfer to the questioner's brothers after her death, with the condition of no deception, after it became clear that the contract had become a will, and her heirs would inherit alongside them, which she does not desire?
First: If the donor is alive and well, she may donate whatever she wishes from her wealth. The donation is complete when the donee takes possession of it. However, if the contract is written such that the land will devolve to the donees after death, this is a will, and it is executed within the limits of one-third of the estate. Anything exceeding that depends on the approval of the heirs. She may revoke the will and the immediate donation to document that.
Second: If the woman donates during a terminal illness (marad al-mawt), her donation takes the ruling of a will, and it is executed within the limits of one-third. Anything exceeding that depends on the approval of the heirs.
Third: If the donor has passed away, a new contract cannot be written. It is necessary to refer to the judiciary to resolve the dispute, while presenting evidence that the deceased made an immediate donation and that the donee took possession of the land.
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- Ftawy
- Original fatwa ID
- 19455
- Imported
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