Gifts of property when alive.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Would like to know whether the Intention of a man has any role after the his death based on the below case mentioned;
A father who has 3 sons & 4 daughters, during his lifetime he constructed a home & legally registered it under his elder Son`s name and wanted to stay in the same home till the parents are alive.
As he has two more sons (2nd & 3rd) and wanted to construct two more houses for each, for that he buys two plots for each of them (making legally registered under their names) but he dies (earlier his wife too died) before starting any construction work.
FYI. he had other property (like shops). Out of his half of the shops he equally gifted during his lifetime to his daughters & sons ( with 1:2 ratio). And after his death the remaining half was equally distributed among daughters & sons ( with 1:2 ratio)
But what would be the status of the constructed home and two plots.
1. Will the home belong to the 1st Son only or only three sons should equally share or all his daughters and sons should share ( with 1:2 ratio)
2. Will the two plots belong to the 2nd & 3rd sons or only three sons should equally share or all his daughters and sons should share with 1:2 ratio.
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Gifts of property when alive
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Respected brother in Islam, in principle, as long as the father was alive, he remained the inherent owner of his wealthand he was well within his rights to gift all or part of his wealth to whomsoever he willed and pleased.
Q-1: Will the home belong to the 1st Son only or only three sons should equally share or all his daughters and sons should share ( with 1:2 ratio)
If the father when alive gifted the house to his first son, the first son is now the legal and rightful owner of the house. The other sons and daughters have absolutely no legal right on this house which the father gifted to the first son when he was alive.
Q-2: Will the two plots belong to the 2nd & 3rd sons or only three sons should equally share or all his daughters and sons should share with 1:2 ratio.
If the father when alive gifted the two plots of lands to his two sons, then the two sons alone are now the legal and rightful owner of those lands. The other sons/daughters of the deceased father have absolutely no legal right on those lands.
Only the wealth/properties which legally belonged to the father at the time of his death will be distributed to his legal heirs after his death as inheritance according to the ratios prescribed by Allah Subhanah in His Glorious Quran. Any cash/wealth/properties which the father gifted to anyone when he was alive will legally belong to those people alone and will not be considered amongst the inheritance left behind by the deceased father.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,