Question
A woman owned several properties. She has 2 daughters and 2 sons. While she was alive she gave each daughter R100,000, saying that this was their share of inheritance. Henceforth only the two sons will inherit in the properties. The daughters happily accepted this arrangement. The woman has died. Do the daughters inherit? What is the status of the agreement she made with them?
Answer
The agreement is baatil (baseless / null and void). Whatever money a parent gives to his / her children during his / her lifetime is never part of inheritance. According to the Shariah the R100,000 given to each daughter is a gift and does not form part of their inheritance irrespective of what the mother said and what she had understood. The daughters are entitled to their full share of inheritance.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 11
- PDF page
- 2
Appears under 'SAJDAH IN RUKU’ (approximate).