Presents and Gifts: Validity of a Gifted Share in Joint Property After the Giver’s Death

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Validity of a Gifted Share in Joint Property After the Giver’s Death

English:

Question #1701:

Two brothers jointly own a plot of land. One of them gave his share by way of gift to his nephew who took possession of it. Is it permissible for the heirs of the gift giver to lay claim to the property, considering it part of the estate of their father?

Answer #1701:

If it is proved that the deceased gave his share in the land to his nephew as a gift, and that he handed it over to him, leaving it at his disposal, the inheritors should have no right in it.

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