Should we honour one brother's gift to another from a piece of family land after they have died?
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The Details of the Question
After my grandfather's death, each of his 5 sons(except eldest son) used part of his property,eg. 1 son kept the family business, another kept one house, another kept a second house. Then, one day the son who was staying in the bigger house gifted an adjoining small piece of land from father's estate to his eldest brother since the latter was poor. Now all sons have died.The eldest son's children want to keep the land gifted to their father. Is it OK or should we count it as part of total land? The Answer
Dear Brother / Sister,
The properties of someone dead are left to his heirs. The properties left behind are distributed in accordance with Islamic Law. However, if heirs come to an agreement among themselves, they can distribute that property howeverthey wish.
Accordingly, if the eldest brother’s other brothers are agreeing with that situation, certainly his son can appropriate that land. But if the heirs are not content with that, the son only can appropriate his father’s right. If their fathers do not live, he can give the remaining to the heirs’ children as well.
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