Their mother distributed most of her property among them as a gift

4-4-2010 | IslamWeb

Question:

Inheritence in Shariah possible only after the death of the owner of the property. But in our family some of the heirs were gifted shares by their mother amounting to 2/3 of the property.
Those who stick to the correct shareeah concept refused to accept their shares as done above, hence they stand to loose on their due portion if all members claim their shares after the demise of the owner.
How could this situation justly solved as those who have already inherited go by traditions which some ulamas attest.
Ours is a minority muslim country where only the Islamic personal law is binding in the courts. That too left to own option.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

What the mother did in distributing the inheritance while she was still alive is not valid as an inheritance; rather, in this case, it is considered as a gift and the gift should be divided equally (among you).

For those who did not take their share from this gift until now, then they are entitled to take it now or after the death of the mother.

If something remains from the properties of your mother and it was not from the gift that she distributed in her life, then it should be divided as inheritance on those who are entitled for it.

Finally, we advise you to take the matter to an Islamic court in order to put an end to disputes between you.

Allaah Knows best.