Giving a gift to one's children during one's lifetime
Question
My deceased father (passed away 5 years ago). He gave me a big flat worth 90 lacs and gave my sister a smaller flat worth 40 lacs. What is the difference amount I have to pay to her after giving 1/8th share to my mother? Also she says she has a 40% share in my flat because of the delay in the sale of the flat. I have never delayed or opposed or obstructed the sale of my flat. Is it correct for her to demand this 40% share in my flat saying that the sale was delayed? Please guide me as to how this should be done based on the above figures.
Answer
If your father had gifted you and your sister during his lifetime when he was well, then this will not be part of the estate that will have to be wound and distributed among the heirs. Instead each one will own the entire gift that was gifted to him/her independently.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/9093
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-9093
People also ask
Can I gift my property to my children during my lifetime?
“If a father intends gifting his assets to his children in his lifetime, he should maintain equality amongst all his children irrespective of their gender. It is Makrooh to give extra to some children and less to others, or…”
Azaadville · 81 fatawa from 7 Darul Iftas on this
What the Darul Iftas sayRelated fatawa
Mufti Online19 Oct 2016Watch given to one by one's father during his lifetimeMy late father has given me a watch years ago when he was still alive. I told him to keep it first since I…- Mufti Online20 Nov 2022Father distributing his wealth during his lifetimeMy father distributed his estate during his lifetime. The following questions come to mind: 1. If it was…
- Mufti Online2 Sep 2012Inheritance QuestionMy father died 25 years back leaving behind his wife (our mother), 3 daughters and one son. How will be the…
Jamiat KZN26 Mar 2021Can an heir forfeit his/her share of inheritance during the lifetime of the deceased?If any heir, during the lifetime of the deceased agreed to not claim any shares of inheritance from the…
Ask Imaam31 Mar 2001Limit on the gift amount a man can give his wife when he is alive ?See detail belowShariat decides the amount each heir will receive after death of a Muslim. If a Muslim fears that the amount…
Azaadville9 Nov 2021Gifting Shares In A Business During A Persons LifetimeWe are 5 brothers and 2 sisters. Off this 3 brothers worked with my father in his businesses from inception.…