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Is a father's waiver of his share in a piece of land that he did not own during his lifetime, and whose ownership by the municipality is unknown, binding on his heirs after his death or not?

1 min readAlso available in العربية

A person's waiver of their right before it becomes due is not considered binding, because it is a promise of a gift, which is not binding according to the majority of scholars. If the promise is binding, it is the right of the promisor, and if he dies before fulfilling his promise, the promise is nullified.

If the grant was due to the deceased woman's work, it is considered an inheritance to be divided among all heirs. If it was a gift from the state to the children of the deceased, then the grant system must be consulted to determine the beneficiaries.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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