If the heir donates real estate to some of the children during his lifetime, it is good to divide it among all the children after his death to clear the conscience
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The first question of Fatwa No. ( 11933 )
Q1: My father passed away to the mercy of Allah, if Allah wills, and he divided
his estate among his sons and daughters, three sons and three daughters, before his death. He had gifted each of the sons plots of land to build residential buildings for each of us, the sons, before dividing the farms and houses, and each of us built a house for himself and his family. So, do our sisters, who are now married, have a share in the houses we built and in which each of us resides, which each of us built from his own earnings, with nothing from our father’s money in them? Summary of the question: Do our sisters have a share in the lands on which these buildings were erected, given that we built the houses from our own earnings as mentioned, and our father gave us these lands during his lifetime?
A1: If your sisters have agreed to the arrangement, there is no blame on you. If they have not agreed, it is obligatory to give them their right from the land, divided among them according to inheritance, with the male receiving the share of two females; based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2587 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: My father passed away to the mercy of Allah, if Allah wills, and he divided
his estate among his sons and daughters, three sons and three daughters, before his death. He had gifted each of the sons plots of land to build residential buildings for each of us, the sons, before dividing the farms and houses, and each of us built a house for himself and his family. So, do our sisters, who are now married, have a share in the houses we built and in which each of us resides, which each of us built from his own earnings, with nothing from our father’s money in them? Summary of the question: Do our sisters have a share in the lands on which these buildings were erected, given that we built the houses from our own earnings as mentioned, and our father gave us these lands during his lifetime?
A1: If your sisters have agreed to the arrangement, there is no blame on you. If they have not agreed, it is obligatory to give them their right from the land, divided among them according to inheritance, with the male receiving the share of two females; based on the saying of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.