Does the Property Count as a Gift If the Only Child Is Listed as a Beneficiary?

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Answered by Mawlana Ilyas Patel

Question

Does the property count as a gift if the only child is listed as a beneficiary?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

The property will not count as a gift to you. It will be part of your parent’s inheritance when they pass away, or they gift it to you or anyone Islamically.

Inheritance is Apportioned

Inheritance portions have been determined and allotted by Allah Most High in the Quran. These portions vary according to who is alive at one’s death.

As such, one cannot determine in one’s life how many portions exactly will be allocated to each individual, for one is unaware of who will be alive at the time of one’s death. Even the death of one person can make a big difference in division and distribution.

The inheritance and wealth of the deceased are distributed in the following manner:

  1. Payment of funeral and burial expenses,
  2. Payment of all debts,
  3. Payment of any Islamic will (wasiyya) from one-third of one’s wealth, including any religious liabilities, such as unpaid Zakat, fidya, etc.
  4. You may leave a will stating your concerns and urge the heirs to support each other after the demise of each parent and distribute it accordingly.
  5. Distribution of the remaining assets and wealth by Sunni Islamic law among the inheritors, in consultation with a reliable scholar or Mufti.

Gifting Some Wealth While Alive

Your parents can give some of their wealth while they are alive, following the rulings of gifting wealth and others while alive.

[Ibn ’Abidin, Radd al-Muhtar]

Because of the sensitivity of this situation, I would advise you to consult local scholars – people who are reliable, pious, have wisdom, and understand family, inheritance, and community dynamics.
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.
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Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekers.flywheelstaging.com)?
I pray this helps with your question.

Wassalam,

[Mawlana]Ilyas Patel

Checked and approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey.

He started his early education in the UK. He went on to complete hifz of the Quran in India, then enrolled into an Islamic seminary in the UK, where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh, and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences.

He currently resides in the UK with his wife. His personal interest is the love of books and gardening.

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