Gifts and Lifetime Transfers
This subtopic gathers questions on gifts between the living. They concern giving to children equally, taking a gift back, registering property in a relative's name, and final-illness transfers.
Questions readers ask here:
- Is it permissible for a father to register his only house in the name of his only daughter?
- Does the adopted son have a right to the house registered in his name before her death?
- Is a father's equality among his children in distributing his salary considered an injustice to the eldest?
- Is it obligatory to return a wedding gift if the giver demands it back after a dispute?
Bequests after death belong under Wills and Bequests, and inheritance shares under Inheritance.
70 questions
Is the money received from social security, which was paid through an optional subscription in the wife's name and from the husband's money, her right after divorce, and must she return what the husband paid for the car in her possession?
Will the wife bear the truth of her words before God, and will the car be her property, with her daughter having no share in it, if she did not intend the gift when registering the car in her husband's name? And what is the ruling on a contract predated to an old date to transfer ownership of the car to the wife after the husband's death; is it forgery or permissible to complete the paperwork?
Is what "Asghar" did—registering two-thirds of the land in the name of his wife's niece, and the remaining half in his name and his wife's name, and the other half in the names of his nephews, while he benefits from the harvest of what he registered in the names of his nephews—correct and in accordance with the Qur’an and Sunnah? What is the ruling of Islamic Sharia on his action? And is the idea of "Akbar's" sons—not agreeing to transfer the land to Asghar and sufficing with giving him its harvest—in accordance with the Qur’an and Sunnah? And is it permissible for a person to transfer his property to non-heirs during his lifetime or to deprive them of their legitimate share?
Is it permissible for a father to suggest to his son building an additional floor on his own property, and then registering it in the son's name, knowing that the property will devolve to all heirs after the father's death, and that this suggestion might provoke the anger of the rest of the siblings?
Is it permissible or impermissible for a father to sell his commercial shop to his daughters two years before his death, when he was ill but in full possession of his mental faculties?
Is it permissible for a father to sell a house he owns in order to buy two apartments: one for his disabled daughter to live in, and the other to be rented out as a steady income for her, given that the rest of his children are financially stable?
What is the ruling on a father favoring his male children over his daughter, depriving her of her rights, and treating her with injustice and cruelty?
Is it permissible to compensate children whose father is unable to provide them with private education, unlike their sister, by writing over to them a portion of his property?
What is the jurisprudential classification of the aforementioned document, which involves a father giving a plot of land to his son in exchange for settling a debt owed by the father, with the stipulation that the remaining heirs are not to claim it until a certain amount is paid, and is it considered a sale, a gift, or a donation?
Is the wife content with the car her husband gave her, or does she also demand her share of the inheritance, and is the car considered a legitimate gift while the husband retains the right to use it and it is not registered in her name?
Is it permissible for a mother to register her share of the house in the name of one of her children without the knowledge of their other siblings?
Is it permissible for a man to gift his share of the apartment to his wife when his parents and siblings are alive?
What is the ruling on a father selling his apartment to his poor daughter, and (consequently) disinheriting her from her mother's apartment after their death, on the pretext that she had acquired the first apartment?
Is it permissible to stipulate reading the entire Qur’an within one month as a condition for accepting a gift, and is it permissible for someone who cannot fulfill this condition to accept the Qur’an with the intention of reading from it according to their available time?
What should the two brothers do about their sister's refusal to sell them the two apartments gifted to them by their father, and should they reject the gift for it to become an inheritance eligible for sale?
Is the mother obligated to write over a portion of the house to her son who made improvements to it without her knowledge, given that she does not have the necessary funds for this, and that the rest of her children consider this an injustice to them?
What is the ruling on daughters demanding their share of the farm that their father gifted to his male children during his lifetime, given that he gifted them another house in return, and knowing that the daughters contributed to the purchase of that house?
Should the equalization among children concerning a gift be based on the original value of the gift (100,0), or on the current value of the apartments (210,0 or 270,0)? And should the difference in price between the two apartments (60,0) be included in this equalization, bearing in mind that the mother is still alive and possesses liquid assets?
Is it permissible for the paternal aunt to retract the gift of real estate and lands that she bequeathed to her brother, his sons, and his daughters, after her brother's death, knowing that the father had taken possession of some of what was gifted to him, while a part of it still remains in the name of the giver?
Does a full sister from the father have a legitimate right to an apartment that the father gifted to his children from his first wife, as compensation to his wife for her deferred dower and alimony?
What is meant by the preference for women mentioned in the Hadith: "Be equitable among your children in gift-giving; if I were to prefer anyone, I would prefer women." Is it a material or a moral preference?
What is the ruling on the money the questioner received from a car that the Amir gifted to his father, given that the father singled out three of his sons with cars, to the exclusion of the others?