Lifetime Gift of Property and the Rights of Heirs
Source: Fatāwā Rāshidiyyah, p. 582
Question:
① Qāḍī Ghulām Muṣṭafā, during his lifetime and in a state of health, wrote a clear statement saying: “I gift my property to my three daughters.” The gifted property also came into the possession of the daughters. This property was his personal ownership.
② At the time of Qāḍī Ghulām Muṣṭafā’s death, the heirs included two daughters, one wife, and one brother. According to the Sharīʿah of Muhammad ﷺ, who will be entitled to this property?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
The following must first be observed regarding a deceased’s estate:
① Funeral and burial expenses are paid from the estate.
② Any debts of the deceased are settled.
③ Any bequests are fulfilled up to one-third of the estate.
As for the case of Qāḍī Ghulām Muṣṭafā:
- He gifted his property to his three daughters during his lifetime while in good health.
- The gifted property was also transferred into their possession.
Therefore, this hiba remains valid, and the property belongs solely to the three daughters. After the completion of this valid hiba, no other heirs have any claim to that property.
ھذا ما عندی واللہ أعلم بالصواب
