Presents and Gifts: Gifting Property to One Grandchild and the Rights of Other Heirs

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Gifting Property to One Grandchild and the Rights of Other Heirs

English:

Question #1735:

A mother, who has two daughters, wants to give her grandchild — to the exclusion of her second daughter — a piece of arable land she owns. Has she the right to do that? And has the second daughter the right to demand a share of her mother’s estate after her death?

Answer #1735:

If the mother gave away the property to her grandchild in her lifetime so much so that the grandchild took possession of the granted property, it is rightfully his and no one else has the right to object to that. However, if she has instructed in her will that the property be given to her grandchild, after her death, this should be confined to one-third of the estate. Adding the remaining two-thirds to the grandchild’s share is dependent on the consent of the heirs.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts