Is it obligatory to give the heirs their legitimate share from the value of the apartment sale contract that the deceased wrote to his only daughter before his death, or from the value of the monthly rent, or to wait until the apartment is sold to another party?

If the father sold his apartment to his daughter with a real sale, then the apartment belongs to her, and the price is a debt owed by her to the heirs, and she has her share of it.

However, if the sale was fictitious, it is a gift (hiba), and for the gift to be valid, the daughter must take possession of the apartment during the father's lifetime; otherwise, it is null and void according to the majority of scholars.

If the apartment was for residence, it is required that it be vacated of the grantor's belongings. The Malikis stipulated that the grantor should not reside in it after the gift.

If possession was not completed with its conditions, then the apartment belongs to all the heirs, to be distributed among them according to their legal shares, as is its rent if they agree to rent it out.