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.