Their father favored one of his sons with a house as a gift
27-11-2011 | IslamWeb
Question:
Salam alaikum, My father has 2 daughters and 1 son from first wife, after death of first wife, he married second wife. from second wife he has 2 sons and 2 daughters. after sometimes his second wife also died. he has distributed his property to all children. except one house in city he has given to his son from second wife. he has given this propery to his one son from second wife with consultation of all children. he had given this property by making registry. after sometime my father also died in 1997. kindly let us know if he has done a worng decesion or right. because one of my step brother's son is asking for his share in his house. kindly send me suggestion.
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 
is His slave and Messenger.
Since the father had consulted his sons and daughters and sought their consent for favoring his son with that house and they agreed, then what he did is valid and he was not sinful for doing so. Therefore, the house is for the son to whom he gifted the house, especially if the father had done so for a sound reason. Even if we presume that the children were not pleased with what their father had done by favoring his son with the house, then he is sinful for not being just between his children but his gift is effective and it cannot be withdrawn after his death. This is because a gift in which the father was not just is effective after his death according to the view of the majority of the scholars 
. Therefore, the gift that is mentioned is effective and the house is for the son to whom the father had gifted it.
Allaah Knows best.