Gifting one's property to one child only

Q: If a father gifts his property to one son only instead of all the legal heirs during his life, in this connection is the said gifted property is valid or not under Islamic law? 

A: It is reprehensible for the father to gift something (whether a property or any other wealth) to one of his children and leave out the other children. However, if there is a reason for the father to prefer one child over the other children e.g. one child is poor, or he made more khidmah for the father compared to the others, or he is engaged in the service of deen, then it will not be reprehensible for the father to do so.

Hence, in this case, if there was no reason for the father to prefer one son over the other children, it will be reprehensible. However, despite this, the gifting will be valid, on condition that the father was not in his final illness, and the child who he gifted the property to was given full control over it.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)