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The question

Is a father's transferring ownership of his apartment to his children's mother before his death considered a deprivation of his siblings from another mother, and must the heirs return their share of the inheritance?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the father registered the apartment in the mother's name, and continued to live with her in it until he died, then the gift is not effective and the apartment is considered part of the estate. This is because a gift is not binding until it is taken possession of, and possession of a house is achieved by vacating it and enabling the recipient to dispose of it. This is not realized if the husband continues to live in it with his wife.

The apartment must be included in the estate and divided among all heirs due to the invalidity of the gift.

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
18785
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.
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Read the full answer on Ftawy