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Inheritance query, Gift in terminal illness

Fatwaa ID: 832

Question:
Assalamualaykum I need to ask about inheritance. A father passed away and he left behind only 5 daughters and no son. Mother had already passed away before him .Father ‘s parents and real siblings ( 3 brothers and one sister have all passesd away before him) only one half sister ( paternal- same father different mothers) is alive.Father had only one house which he gave as a gift to his daughters on his death bed(.He always wanted to give this house to his daughters to save them from any legal problems after he left this world but as in his disease all the daughters came to see him so he though that he will get paperwork done to finish this matter.At that time though he was old and extremely sick but he did not know that he had a fatal disease and he was going to die soon.The daughters knew about his condition so they encouraged him to sort out the property matter.soi need to know
—- if this was a right decision to give his sole property as a gift to his daughters on his death bed..is it permissible to do so?
—-If not then how that house should be shared as his inheritance ?
—- Besides the daughters, who else will have a share from the inheritance (the house) and how much?
Jazakillahu khairan

Clarification: Yes only 5 daughters and one paternal sister is alive

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala elevate your father’s status in Jannah. May He grant the family sabr jameel.

  1. We take note of the details of your query. We understand that your father gifted the house during his terminal illness which lead to his demise (maradhul mawt). Accordingly, this gifting was invalid. The house will form part of his estate and will be distributed amongst the heirs along with all the other assets of the estate.
  2. We have been advised that the deceased is survived by 5 daughters and 1 paternal sister. Accordingly, after funeral expenses, debts and bequests, the estate, which is inclusive of ALL of the deceased’s belongings irrespective of how insignificant such as clothing, beauty and hygiene products, etc., will be divided into 15 shares as follows:

-The daughters will receive 2 shares (13.33%) each.
-The paternal sister will receive 5 shares (33.33%).

Note: Due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point, there is a remainder of 0.02%. This minute amount of the estate will be left over after distribution. This can either be given away in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it will have to be redistributed according to the above percentages as far as possible.

It should be noted that the above calculations are based on the information provided. If there are other heirs, then the above may not be applicable.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

08/21/1444 AH – 03/13/2023 CE | AML1-7292

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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