Does the apartment gifted to the sister by an unregistered contract become part of the inheritance after the death of the donor, or does it become the property of the sister?
A simulated sale is considered a gift, and the rulings regarding gifts are as follows:
- If your brother gifted you the apartment while he legally owned it, and you did not take possession of it before his death, then the gift was not completed, and the apartment belongs to the heirs.
- If you took possession of it before his death, and the gift was not made during a life-threatening illness, then the gift was completed, and the heirs have no right to it.
- If the gift was made during a life-threatening illness, it is considered a will. If you are an heir to him, the will is not executed unless the heirs consent to it.
- If your brother was renting the apartment under the old rental system, this contract is invalid, and the apartment is not inherited.
- If he was renting under a valid contract, and he did not own the apartment (as it belonged to the governorate), then he had no right to gift it; because one of the conditions for a gift is that the giver must own the gifted item.
- If he gifted you the usufruct of dwelling during a life-threatening illness and you were an heir, this is a will that is not executed, and the usufruct becomes a right of the heirs.
- If he gifted you the usufruct during a life-threatening illness and you were not an heir, it is executed within the limits of one-third (of the estate).
- If he gifted you the usufruct when he was not suffering from a life-threatening illness, and you took possession of it, then the gift was completed.
It is advisable to consult scholars.
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