Is the grandfather's distribution of houses among his sons and daughters – such that each of them took the house they had lived in upon marriage, and giving the two most valuable houses to those with less wealth and greater need – legally valid, bearing in mind that most of the children are content with the division except for a paternal uncle and aunt, and the paternal uncle has been compensated with a plot of land?
If the grandfather's gift is a bequest to an heir, it is forbidden by Islamic law, and the houses and money must be returned to the estate and divided according to the prescribed legal division. However, if it was a gift during his lifetime and fulfilled the conditions for its validity and he then passed away, it is a binding gift, even if it was unjust, according to the majority of scholars. Some jurists are of the opinion that it should be revoked if it involves injustice. A just gift would be for the male to receive a share equivalent to that of two females, similar to inheritance, or with equality between male and female. To resolve the dispute, the case must be brought before the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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