Is a gift valid with only one-third, and is the father obligated to sell the apartment to his son so that his sister does not have a share in it?
If a father wishes to transfer ownership of an apartment to his son during his lifetime, this is a gift () which necessitates justice among the children. It is not permissible to favor some of them unless there is a legitimate reason, such as a need for housing. However, if the transfer of ownership is to occur after the father's death, this is a bequest () to an heir, which is not enforceable unless all adult, mature heirs agree, due to the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir." The scholars have unanimously agreed that a bequest to an heir is not valid unless the rest of the heirs approve.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 119144
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy