Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterGiving property to children before death
Question
I have three children: one son and two daughters. I lost my wife a decade ago. I have my own house. I thought of writing a deed for these three children, but my son is generously giving his share to his sisters. Now I thought of writing a deed for the two daughters. My friends say that my son must give his permission in writing because it concerns an Islamic ruling. Is that true? Is there any evidence in the Quran and Sunnah regarding such a letter?
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
If by putting the house in the name of your daughters, you mean to make them own it after your death, then this is not a gift; rather, it is a will, and there is no will for an heir unless all the heirs approve of it.
If this is what you meant, then there is no consideration for your son renouncing his share and registering the house in the name of the two daughters only because such a will cannot be effective unless all other heirs approve of it when they do become heirs (i.e. after you pass away), as per the hadeeth: “Verily Allah has given every rightful person his right, so there is no will in favor of an heir.’ [At-Tirmithi and Ad-Daaraqutni] The version cited by Ad-Daaraqutni has the following addition: “...except if (all) the heirs approve.” [Ibn Hajar said in Buloogh Al-Maraam: “Its chain of narrators is Hasan (good).”]
However, if what you mean is that you want to make your two daughters own the house while you are in good health and of sound mind before your death, then this is a gift, and it is effective and valid if it meets its conditions. Nevertheless, according to the most preponderant opinion, it is an obligation to be just when gifting the children; meaning giving them equally, unless all of them agree to it, and you mentioned that your son agrees to give his share to his sisters. If this is the case, then you are not sinful and it is not obligatory that he writes this down.
Allah knows best.
Search Fatwa
Fatwa Subject
