Presents and Gifts: Revoking a Gifted Share Before Division of Inheritance

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Revoking a Gifted Share Before Division of Inheritance

English:

Question #1718:

One of my brothers gave me, by way of gift, a part of his share in our inheritance. He retracted his decision before the estate was divided among the inheritors. What is the ruling in the matter?

Answer #1718:

If he had changed his mind before you received what he granted of his share in the inheritance, his action should be deemed shar‘ī. Accordingly, you have no right in his share. However, if he changed his mind after your receiving what he had given you, he cannot revoke his decision, and, therefore, has no right to the gift.

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