Presents and Gifts: Ownership of Property Gifted by Father to Children During His Lifetime

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Ownership of Property Gifted by Father to Children During His Lifetime

English:

Question #1703:

Before his death, my father officially registered some property in my name when I was eleven years old. A plot of land and half of another property were registered in the name of my brother; the other half of the property was registered in the name of my mother. Now, the rest of the heirs are laying a claim to my property, alleging that it is not mine by shar‘, whereas they recognise the ownership of the land and the properties of my brother and mother. My father did not leave a will, nor is there a witness. What is your view?

Answer #1703:

During his lifetime, whatever the father had given by way of gift to some inheritors, who took possession of it in a proper manner, so much so that he transferred it into their respective names, that gift is the recipient’s by shar‘. Therefore, the other heirs have no right to claim it for themselves unless it is proved in a reliable way that the father did not grant his son the [disputed] property and that the registration of the official document in his name was not accompanied by any real intention to transfer it to him.

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