What is the ruling on a man fictitiously selling his possessions to his daughters in order to deprive the heirs, with the condition that the contracts not be handed over until after his death, and does his son, who contributed to building the father's house, have the right to claim his share?
If the sale was a mere formality, then it is considered a gift. Giving a gift to some children and not others is not permissible, but it becomes effective after the death of the donor according to most scholars. A condition for the validity of the gift is that the recipient takes possession of what was given; otherwise, it is void. If the two daughters did not take possession of what their father gifted them before he died, then the gift is invalid and it will be divided among the heirs. But if they took possession of it during his lifetime, then it belongs to them. As for the son's contribution to building a floor for his father as a donation, then it belongs to the father's wealth. However, if it was intended as a partnership, then he has the right to claim his money. It is advisable to refer to the courts to resolve disputes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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