Can an Unequally Gifted Property Be Returned?
Answered by Mawlana Ilyas Patel
Question
My mum’s mother is asking for the house she gifted my mother back after 21 years. We sold the house one year ago, and she is now asking. She doesn’t know we have sold the property yet. So should we give some of the money we received by selling the house, or do we not have to provide anything? Also, when my mom’s mother gifted this house, she didn’t distribute it among her children equally. My mom’s mother has five sons and two daughters, including my mother. I would like to know what should be done in this case.
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
Your grandmother should have equally gifted the property to everyone. However, the transfer and gift were valid. It would be best for future sibling harmony to give everyone their fair share. If one or some or all don’t want their part of the share, it is okay.
Parents Must be Fair with Their Children
Nu‘man ibn Bashir (Allah be pleased with him) reported that the Messenger of Allah (Allah bless him and give him peace) said, “Be just between your children. Be just between your children.” [Abu Dawud]
The Messenger of Allah (Allah bless him and give him peace) said, “Fear Allah, and be fair to you children.” [Bukhari]
Due to the sensitivity of this situation, I would advise you to consult and sit with local scholars – people who are reliable, pious, and wise and understand family and community dynamics.
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.
Related
- Estate Division and the Sunna of Equal Treatment of Children in Gift Giving – SeekersGuidance
- Transferring Property to Children in One’s Lifetime – SeekersGuidance
- Inheritance Questions Following Father’s Death – SeekersGuidance
- Who Owns the House If My Parents Paid the Major Amount? (seekersguidance.org)
- Can I Write My Will So That My Estate Passes First to My Wife and Then to My Children When She Dies? – SeekersGuidance
- Transferring Property to Children in One’s Lifetime – SeekersGuidance
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
