A father left behind wife, two sons and a daughter.He had by Hibah
gave his farm land to both sons without giving anything to daughter.
Further he put big house and other commercial land in name of his
wife. He also left big cash in his account. both sons being elder to
the daughter, they did not discuss about inheritance for last 8 years.
She was under good impression that both being religious minds, will
not deprive her of Allah gifted rights on fathers property. Can father
avoid his only daughter from the Hibah and can brothers depriveher of
her of inheritance rights?
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.
What that father has done of giving a gift to his sons and denying his
daughter is an injustice in gift-giving which is not permissible. It
was obligatory upon him to treat his sons and daughters fairly when it
comes to gift-giving.
However, as long as that father passed away, then that gift is valid
and takes effect by his death and cannot be annulled unless the two
sons seek to achieve justice in that gift and that would indeed be a
good thing. Zaad Al-Mustaqni' )a Hanbali book( reads: "It is
obligatory to treat children justly in gift-giving according to their
shares of inheritance. However, if some of them are given more or
less, then the parent has to fulfill justice either by annulling the
gift or by increasing the share of those who were given less than
their fair share, but if he/she died before doing that, then it )that
gift( takes effect." ]End quote[
As for the two sons who denied that daughter theright to inherit from
her father, then they have noright to do that; rather, her share is
confirmed bythe Book of Allaah The Almighty and no one has the right
to deny her thatright.
Finally, please take note that the big house which that man registered
in his wife's name should be reconsidered. If she had owned and
possessed it from him before his death, then it is a valid gift that
should be fulfilled. But if she did not possess it before his death
and he only registered it in her name so that she would take it after
his death, then it is an invalid will unless all the heirs agree to it
willingly.
Allaah Knows best.
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