The Majlis Archive

Death and Wills The Majlis Vol 22 No 01, p.4

A man during his last illness made a gift of a property to one of his sons.

Question

A man during his last illness made a gift of a property to one of his sons. What is the status of this gift?

Answer

Hibah (gift) during Maradhul Maut (the last sickness) for non-heirs is in the category of Wasiyyat. It will be valid up to one third the total value of the estate. But for heirs it is baatil. Thus, the son does not inherit the property. He will receive his share of inheritance.

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The Majlis Vol 22 No 01
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Appears under Questions and Answers (approximate).

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