Is it permissible for a father to dispose of the house by gifting it to his son without the knowledge of his daughters and wife, and do they have the right to claim their share in it? What is the ruling on the son disposing of the stepmother's share of the land? And do the daughters have the right to claim their share in the remaining unapportioned land?
If the father registered the house in the son's name, and the son took possession of it during his father's lifetime, and the father was not suffering from a life-threatening illness, then the house becomes the son's property and does not enter into the inheritance. However, if the son did not take possession of the house before the father's death, or if the father gifted it while suffering from a life-threatening illness, then the house becomes part of the inheritance. If the registration was a will for the son to take the house after the father's death, it is invalid because it is a bequest to an heir. As for a father gifting to a son without his daughters, without a legitimate justification, it is an unjust gift, and it is recommended for the one who was favored to return it to achieve justice.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 187402
- 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