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The question

What is the ruling of Islamic law and civil law on filing a lawsuit by the six daughters to demand the division of inheritance after their father gifted his entire house to his five male sons and officially registered it with the condition of non-disposal, and allocated an unspecified one-sixth?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Among the conditions for a gift (hiba) to be complete is for the donor to relinquish possession of the gifted item, and for the donee to take possession of it and dispose of it as an owner would. Therefore, if a father prevents his children from disposing of a house gifted to them during his lifetime, the gift is not complete, and the house is considered an inheritance (tarika) to be divided among the heirs. In such disputes, it is necessary to refer to the court or to a qualified scholar of Islamic law capable of arbitration, to hear all parties and determine whether the gift was completed according to its Sharia conditions.

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Ftawy
Original fatwa ID
178359
Imported
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Source text, unreviewed
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