Gifts

Equality in gifting to children

Q: My in laws have recently 'gifted' their properties to their children within their lifetime in a manner which has not accounted for their most dutiful eldest son, who has financed many cash injections of daily expenditures for his parents and siblings (education, travel, groceries, shopping) over a span of 3 decades such that these properties could be amassed has been exploited yet again. He sacrificed his education, his work shifts everything he wanted to achieve, whilst contributing to educating, marrying all his siblings from abroad and who are now settled abroad. This particular son is in major debt crisis due to a national recession. Despite this knowledge my in laws have dustributed their properties unfairly.

Dont children who are more needy, facing debt crises and are middle aged, unmarried females late thirties, or child who dont own any property of their own have more priority than children who already own investments and their own property?

How does this inequality in distribution be explained in Islam? Gifting is at the gifters discretion, but a parent continuously exploiting one particular child who has sustained their wellbeing, lifestyle, needs, all sibling responsibilities and ignoring 2 further other needy siblings isnt that haram?

Are parents accountable for such unfairness towards children?

Gifting a property without giving full control to the recipients

Q: My respected mother, whilst she was alive, mentioned to me and several of her children "the flat that belongs to me in a certain apartment building, I have given it to my 2 granddaughters but I will continue to take the rental as long as I am alive".

I did mention to her on a few occasions that it is incorrect to give a gift in this manner, you either give it away with all its benefits to the 2 granddaughters otherwise it will form of part of your estate. She has passed on to the mercy of Allah Ta'ala without correcting this statement or re gifting this property in the correct manner.

I would like to find out if this property in question will form part of her estate or will it be in the ownership of the two granddaughters?

Land expropriation

Q: My great grandfather had an estate in Durban from which they were forcefully evicted in 1972. My father also passed away in 1972. He was survived by his two brothers of which one passed away a few years ago. My paternal grandfather, who is now late, had many brothers and sisters of which two brothers and few sisters are living.

One of my paternal grandfather’s living brothers contacted the government some years ago to ask for compensation. The government sold this land recently for about 20 million Rands. The government decided to give us a gift of plus minus six million Rands in total, but did not know how to apportion it. They looked at the surviving sons and daughters of my great grandfather. In total, there are plus minus 34 shareholders.

In our scenario, my paternal grandmother is first in line since my paternal grandfather is late. She has one living son who is my father’s brother and no daughters. The government said that the money is a gift to all the living descendants of my great grandfather, but each one’s descendants should amicably agree to apportion their shares proportionately.

In my case, my father is survived by my mother, my brother and I. So, the government is giving about R200 000 each to my paternal grandmother, my father’s living brother and R200 000 to my mother, brother and myself and the last R200 000 to my father’s late brother’s family.

Initially, my father’s brother was not happy to give us the money saying that we do not inherit. However, due to pressure from all other shareholders, he decided to also make us party to the gift. Are we entitled to accept this gift from the government?

Gifting a house to one’s children

Q: A person has a personal house that he wishes to gift to his three daughters. How should he complete the hibah (gifting) process, considering that the title deeds are in his name? If he does not transfer the house onto their name but merely gifts it to them in the presence of witnesses and has it duly signed as well, will this be sufficient? I was informed that the gifting will only take place if the house is divided and each daughter is given a separate portion of the house. Is this necessary or can I just gift the entire house to the three of them?

Taking back an item after giving it to someone

Q: In India it is quite common for girls to receive jewellery as gifts or rewards by relatives. I received an expensive gold chain from my paternal aunt for passing my graduation with distinction. Also my dad gifted me a gold set. Also at the time of my wedding I received some gold jewellery.

All this jewellery is under my mom's possession. She says that I have no right over it and the jewellery belongs to her. Since I have left my father's house I have forfeited my right over my gifts. She plans to gift them to my sisters in law maybe sometime in the future.

I would like to know if I can get some of the gifts back. I have extreme sentimental value for the gifts given by my dad and aunt who are not alive anymore.

Gifting one's divorced daughter more than the other daughters

Q: I have four daughters. Three of them are married and the youngest one is a student. Out of all four, one married daughter was separated (got Khula) and is living with her parents (me and my wife) along with her daughter (my grand-daughter). Please guide me:

If I sell my house wherein we are living, can I gift 50% of the cost of the house to my seperated (Khulah yafta) daughter in my life?