Back to search
The question

Are the shares written by the deceased father in the names of his children—while he retained their ownership and possession during his lifetime—considered part of the inheritance, or do they remain the property of each child in their name, given the disparity in value between the children's shares?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The aforementioned shares are considered an inheritance and are to be divided among all heirs according to their prescribed shares, because a gift is not complete except by possession. If the father retained ownership of the shares, then this is not a gift but rather a bequest to an heir, which is invalid unless approved by the rest of the adult, mature heirs. The matter of estates must be referred to the courts.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
65528
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