Do the two plots of land that the father gifted to his two sons during his lifetime become part of the inheritance after his death?
If a father gifted land to his children during his lifetime, and they took possession of it while he was not suffering from a death-bed illness, then this land does not become part of the inheritance after his death, according to the four madhhabs. However, some jurists are of the opinion that an unjust gift must be returned, even after the death of the giver.
It is advisable for the children to reach an understanding to resolve the issue. If those who received the land return it to the estate, this is preferable to prevent discord. If they insist on keeping it, then the rest should leave it to them. If the dispute continues, the matter should be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 178276
- 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