Question ID: 34855
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My windowed grandmother (mother’s mother) has four daughters and no sons. When my grandfather was alive many years ago, both grandparents created a document according to which, after both of their deaths, their house would be gifted equally to their daughters. My grandmother currently resides in and owns the said property and would continue to do so as long as she is alive.

When my mother died, her name was replaced with me and my sister’s name. I am not exactly sure what the exact terms are but it is very likely that my mother’s share will be further divided equally between my sister and myself.

My questions are that according to sharia,

a) is it allowed for someone to ‘gift’ someone their property on the condition that the gift would be handed over to the intended recipient after one’s death or does a gift have to be handed over immediately for it to be considered as a gift?

b) according to the circumstances and details described above, will it be legal for me or my sister, or as a matter of fact my khalas to utilize the property ‘gifted’ in the way described above?

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Asked on February 5, 2018 11:39 am
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Private answer

a) It has to be handed over in possession, then it is a gift.
b) No, Re-distribute as per the laws of Shariat.

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Answered on February 24, 2018 3:19 am