Is the sale contract concluded by the grandfather in 1933, selling all his properties to his male children and his wife, and disinheriting his only daughter, considered a legitimate contract?
What the grandfather did, selling his properties to his wife and male children, excluding his daughter, requires elaboration:
If the sale was for a real price equivalent to the market value, then there is no issue, unless the price was inherited money and the daughter was not given her share from it; in that case, she and her heirs have the right to claim it.
If the sale was fictitious, and the properties remained under the grandfather's control until he died, then they are considered an inheritance, and the daughter takes her share from them.
If the properties were transferred to the children and the wife, then what the wife received is a valid gift, and what the sons received is an unfair gift. If the grandfather died before rectifying the gift, then the sons must adjust it by giving the daughter half the share of a male, according to the preponderant opinion. If the sons died before doing so, their heirs are obligated to do it.
The daughter has a share from her mother's inheritance, including what the mother received from her husband's properties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 18957
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy