Gifting during one's lifetime

· 25 Rajab 1443 AH1 min readEnglish

Question

I have three brothers and two sisters. My dad built some houses. Whilst alive my dad said that these houses are for my younger two children. He had an intention to build houses for my older brothers, but before he could, he died.

My question is, will the first set of houses go to the younger children or will they be shared between all the brothers and sisters?

Answer

If he built the houses for them and made them the owners of the houses, then the houses will belong to them. The houses will not form part of your deceased father's estate.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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