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Is a mother entitled to revoke a gift and change roles after construction, and is it permissible to force the eldest daughter to accept monetary compensation instead of her real estate share due to family disputes, and what is the solution and way out of this problem that has led to disobedience and cutting of family ties?

1 min readAlso available in العربية

A parent's gift to their children is permissible, provided there is justice among them, and it is preferable to equalize them, though some say the male should receive the equivalent of the share of two females. A parent may retract their gift to their child as long as no third-party right is attached to it, or it has not left their ownership, or the child has not disposed of it. Accordingly, the mother cannot retract the gift if the eldest daughter has built on the property gifted to her, even if the ownership has not been registered in her name, because registration is only for documentation. The শরعي (Shari'a-compliant) solution is for the younger sister to receive the value of what she built in the elder sister's house with the elder sister's consent. Otherwise, the elder sister has the right to demand that the younger sister demolish what she built. The valuation of the building, if there is no clear evidence, should be done by experts; otherwise, the court will settle the dispute. The elder sister's brother has no right to prevent her from entering her house or compel her to accept the price.

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Source platform
Ftawy
Original fatwa ID
82981
Imported
Translation status
Source text, unreviewed
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