Inheritors are in dispute over their father's gift
12-10-2009 | IslamWeb
Question:
Subject : Dispute over Division of properties I have a mother, 3 sisters and a brother. It is almost 6 years after my father’s death. He had lots of lands and a business firm with another partner. Lands were divided as given below :During his life time, he gave his daughters 3 lands each containing almost the equal value at the time of their wedding (20 Lakhs Indian rupees). My brother is being given a home and 3 lands in different areas worth Indian rupees 1 Crore. My mother is being given a home and 3 lands in different areas worth Indian rupees 3 crores. I was given a land worth Indian Rupees 5 lakhs. And now till today 2 acres of land is left to be divided which my father had left and nobody bothers. Business shares is divided as given below :Year before his death he divided his business share equally among 3 of his family members (i.e. my mother, my brother and myself) and retired before his death. The two witnesses in the document are one of my sisters and my wife. Now the problem is that my sisters including the sister who was a witness have filed a case against me saying that the documents are false and my brother and my mother is not correcting it but taking the share of the business with ease. Many people are telling that I am wrong in Islam. I am very upset why am I being blamed. I have only this income.The case is in the court against me alone Can u please advise me on Islamic basis. ie. when a document is made by father with his wish and will, is sharia applicable after his demise on the business.?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
A person who is capable for disposing his property may dispose of all his property by gifting it, giving it in charity and the like, to render the one to whom it is given as the real owner of the property to who may dispose of it as a real owner does. However, if the gift is conditioned on the death of the donator, then in this case, it has the same ruling as a will. A will is not permissible for a heir and it should not exceed one third (of the inheritance) unless the other heirs who are adult and some approve it. Nonetheless, it is not permissible to do any of the above with the purpose of preventing the heirs from their rights which is determined by Allaah in His Book and on the tongue of His Prophet 
and whoever does so, is treated contrarily to his purpose.
A father is obliged to be just when gifting his children. If he gifts some of his children without gifting others or he favours some of them over others when gifting them without a valid reason, then he is sinful and he is obliged to repent and do one of the two following matters:
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He should take back what he favoured some of his children over others.
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Or give the others what would compensate their share.
With regard to your situation, it should be looked at whether or not there was a sound reason for your father in favouring one of the children over others, and the gift was at the time when he was in sound health, then the gift is valid for whoever has taken possession of it. The gift of the father to the mother should be looked at in the same manner; if this happened when the father was in sound health and the mother had taken possession of it, then it is valid. Otherwise the gifts should be put back in the inheritance and them it should be divided between the heirs in an Islamic and legitimate manner.
It should be noted that it is only the judge that can solve the disputes, or an Islamic judgement if there are no Islamic courts in your country. Finally, we advise you to be kind and dutiful to your mother and to keep ties of kinship with your brothers and sisters. You should also try to be kind and affectionate with them, solve the matter in a friendly manner and in a religious way that allows keeping ties of kinship between you.
Allaah Knows best.