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The question

Do the two plots of land that the father gifted to his two sons during his lifetime become part of the inheritance after his death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a father gifted land to his children during his lifetime, and they took possession of it while he was not suffering from a death-bed illness, then this land does not become part of the inheritance after his death, according to the four madhhabs. However, some jurists are of the opinion that an unjust gift must be returned, even after the death of the giver.

It is advisable for the children to reach an understanding to resolve the issue. If those who received the land return it to the estate, this is preferable to prevent discord. If they insist on keeping it, then the rest should leave it to them. If the dispute continues, the matter should be referred to the Sharia court.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
178276
Imported
Translation status
Source text, unreviewed
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