Is a mother entitled to revoke and amend a contract stipulating that she donated the price of the property to her minor children, and that the daughter receives one-third and the son two-thirds? And how should the eviction amount be paid to the tenants: equally between the brother and sister, or according to each one's share in the property? And what is the sister's share of the real estate tax?
There is a scholarly difference of opinion regarding a mother's right to retract a gift given to her minor children, with the preponderant view being that it is permissible. If some of the apartments are leased under an old, perpetual tenancy contract, this contract is invalid, and the tenant must surrender the apartment without compensation. However, if the lease contract is for a known duration, it is permissible to evict the tenant before the term expires in exchange for a sum of money. If the property is jointly owned by the children, then taxes or "khuluw" (premium for vacating) payments are incumbent upon all of them proportionally to their ownership (with the male receiving the share of two females).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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