Title: Right of children in the property

Question: My wife's father has 4 sons and 3 daughters, before he died he gifted 1 flat to each daughter out of 8 flats in a building and 4 flats to his 4 sons 1 for each and balance 1 flat he said to use for sabab e jaria. Now my wife brothers are against gift of flat to daughters and they are telling that their father has not done the right thing. My understanding is that one can gift his earned property to anyone and any amount, and sharia law will be applicable for property left without will. Please guide us what is right.

Answer ID: 64391Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 520/520/B=06/1437)

Until the father is alive he alone is the owner of all his property. He can do whatsoever he wants in it. If he, in his lifetime, gifts each of his children (sons and daughters) one-one flat from eight floor building and gave the flats in their possession and withdrew his ownership from the flats then this gift (hibah) was valid and each son and daughter became the owner of his or her share. The objection of the wife’s brother is not correct. Whatsoever you expressed your views it is correct according to Shariah.