In the event that a grandfather passed away before his only son, leaving behind four daughters, a wife, and six grandchildren (two males and four females), and during his lifetime the grandfather registered two agricultural lands (the first in the name of his two male grandchildren, and the second in the name of his wife) without any of those mentioned being able to take possession of or benefit from these lands during the grandfather's lifetime, and without clarity regarding the grandfather's intention behind this registration, are these two lands considered a gift and thus excluded from the inheritance when dividing the estate?
Firstly: The inheritance is to be divided as follows: - The wife receives one-eighth due to the existence of a inheriting offspring. - The daughters receive two-thirds, based on the Almighty's saying: ﴿But if there are women, two or more, they will have two-thirds of what he leaves.﴾ - The remainder goes to the male grandchildren, with the male receiving double the share of the female.
Secondly: Detailing what the deceased registered in the name of his wife or grandchildren: 1. The Will (Wasiyya): It is not valid for the grandchildren (sons of the son) and the wife because they are heirs, unless other heirs agree. If it is for non-inheriting grandchildren (such as daughters' children), the will is valid as long as it does not exceed one-third of the estate. 2. Gift and Transfer of Ownership During Lifetime (or Fictitious Sale): If they took possession of the gift during the deceased's lifetime: The gift is complete and is not included in the inheritance. If they did not take possession and it remained under his control: The gift becomes void upon his death and is added to the inheritance. For minor grandchildren under the grandfather's guardianship: Possession is not a condition for the gift to be complete; it is completed by the contract. As for adults, it is not complete for them except by taking possession.
Finally, the matter should be presented to scholars or the Sharia judge in your country.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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