GIFT DEED › Category: Questions › GIFT DEED
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Syed Mohammad Baqar Rizvi asked 2 years ago

Assalam o Alykum,
My chacha died , he was not married so no children, all his brothers died, he left behind 8 niece / nephew . As per one nephew who is my younger brother ,         Cha Cha ( our Uncle ) gifted all his property / house to his daughter .
I would like to know the islamic law regarding property Gift Deed. Can a property be gifted to anyone while legal / sharah Heirs are still alive.
If it is allowed , can you please let me know is it also allowed to gift complete property or there is a law or principle that a certain ration can be gifted and rest to be distributed among other legal heirs , siblings, brothers and sisters .

1 Answers
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mehdi answered 2 years ago

عوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Based on your specific question and information provided.

Kindly, refer to a Qualified Islamic Jurist in person in your area or visit us with documents / details specific to this case. We can provide some general guidance.

From the Jurisprudence Perspective:

There is no inheritance from a living person. As long as the owner is alive, he can distribute and give his wealth as he wishes. If a person received the property and it became under his control, then he own it. It is not considered as part of  inheritance.

Regarding a Will ( Wasiyyah): If a person makes a will that something from his property is to be owned by someone, and if the latter accepts the will – irrespective of whether he accepts it during the lifetime of the testator or after his death – then, as long as the item is not more than a (1/3) third of the testator’s estate, he becomes the owner of the item upon the testator’s death. With regard to the amount exceeding one-third will be valid only if his heirs give permission by words or action; heartfelt consent is not sufficient. If they give permission some time after his death, the will is valid. And in the event that some of his heirs give permission and others do not, the will is valid and effective only with regard to the shares of those who give permission.

والله العالم‎
(and Allah(awj) Knows best)
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