Question
As-salamu-alaikum Mufti,Iam married without any issue,Alhamdulilah
having husband,both parents,3 siblings all married with issues,2
brothers and 1 sister.Recently my parents gifted me and has sponsered
construction cost on a portion of the site(land) which is on my
husband'sname,my question is what should i do so as myheirs can get
what gift/money my parents gave me & which belongsto me now, to be
distributed impartially according to sharia,in case of my death.
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
isHis slave and Messenger.
According to the preponderant opinion of the jurists the parents are
obliged to bejust between their children in gifting them, so they
should not favor some of them over the others without a valid reason.
For more benefit,please refer to Fatwa 119032 .
If we presume that there is a reason for you being favored over your
siblings, like your need for accommodation while your husband is
incapable of offering it, then this need can be fulfilled by renting
an accommodation, and there is no need to pay for the construction
costs. We have already issued Fataawa 94685 and 96941 clarifying this
issue.
Therefore, this gift is considered invalid unless all your siblings
agree to it or that the father gives each one of them the same like
it.
If the donor is unjust in gifting his children and he does not take
back the gift [from the person whom he had favored over others], then
the person who is favored should do so (i.e. give back the gift),
otherwise he would be sinful according to the opinion that it is an
obligation to give back the gift that was received unjustly.
To conclude, the construction costs which you mentioned are not
considered as your property except with the conditions that we have
mentioned to you, i.e. that your siblings should consent to it or that
they should be gifted the same like it.
If this is not achieved, then you should give back what your father
had given to you as construction costs, or that you make your siblings
co-owners of your share of the estate, in which case, all of you will
own it. Hence, your heirs will only get your share of it.
Allaah Knows best.
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