Gifts

Gifting a property to one's only daughter during one's lifetime and distribution of inheritance

Q: I have only one daughter. I own a house and no bank balance.

1. Can I gift the house, my complete property to my daughter in my life and give full control over it to her? Can we stay with her in that house only after giving her the full control over it? I have heard that a gift can be given from 1/3rd of the property and a gift can be given to non heirs.

2. If I don't give the gift, what will be the shares of my only daughter and wife?

3. I had two brothers and two sisters out of which one brother has passed away. So what will be the share of my remaining brother and two sisters in my property?

4. Will my nephews and nieces inherit from my property as their father is no more?

NOTE: Please answer all these questions in the light of my case as I have only one daughter and no sons.

Giving gifts on Eid

Q: Would it be jaaiz for people to give presents on Eid. I have seen some people give wrapped up presents with cards, very similar to Christmas, on the night before Eid, to the children. They have a big gathering to give this. They say that they do this because children won’t know how to spend the money properly. Would this be jaaiz? What is the status of giving Money on Eid?

Taking rent from a property that one had gifted to his children

Q: Please can you clarify the issue of gifts in the format of property.

A man in my city has divided 3 flats in the name of 6 children in his lifetime but the flats are in the name of 2 children۔ In addition, he still extracts rent from each flat. These 'gifts' are meant to be taken upon his death until which he continues to take until his demise. (ie avoiding laws of inheritance completely). 

He has 4 daughters and 2 sons. Is this jaiz? He is a nice man, but unfortunately this decision is more like a contractual gift, which may make him questionable on Judgement Day.

Kindly advise what is the truth. This conditional mentality regarding wealth pervades in certain communities here.

Taking back a gift

Q: Married sisters gifted their share of property which they received from their father to their brother. After 2 years some dispute occured between the brothers wife and sisters, and now they are saying to return their property.

Is it allowed to take back the gift which they have done earlier?

Father gifting business to his sons during his lifetime

Q: My father wants to declare share of property to his children. We are four siblings, two brothers and two sisters.

According to my father, its 25 percent share for the daughter but according to me its 33 percent.

Now what is concerning him is that we have a big running business and also another small factory (Alhamdulillah) which he started for me and my brother in 2010.

My elder brother is working and supporting him since 2010 and I have joined it in 2016 and now its 2020.

My father thinks that since we have workes and contributed to his running business, we both brothers deserve this business as our part of hard work.

From the rest of the property which my father bought and inherited from his father, it should be equally distributed among the four of us.

Is my father correct if he wants to reward me and my brother for our contribution and for the business which he thinks he started for us?