Is the villa considered a gift to the mother or part of the inheritance, especially since the father did not take possession of the gift and continued to reside in it until his death, despite the gift being documented by a notary public and witnessed by the children?
What the father did is not an immediate gift; rather, it is a bequest to an heir, and therefore it is invalid and does not take effect unless the rest of the heirs approve it. This is because ownership in a gift is not established by the contract before possession, just as a husband's gift of his residential house to his wife is not valid unless he empties it of his belongings and moves out of it. This is based on the : "There is no bequest to an heir." Therefore, the aforementioned property is to be included in the inheritance and divided among all heirs, unless they all agree to leave it to the wife, provided they are adult and of sound judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/158454
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 158454
- 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