Is a flat granted to one of the heirs for the purpose of residence considered a gift and not included in the distribution of the inheritance, given that the deceased did not mention this before his death?

For a gift to be valid, certain conditions must be met. Merely allowing a person to reside in an apartment does not make him its owner, as permitting residence does not imply ownership of the property itself. If a father allows one of his children to live in an apartment without explicitly declaring it a gift, the apartment remains the property of the father and will be divided among his heirs according to Islamic law after his death. In case of dispute, the matter should be referred to the Sharia (definition) court.