Gifting to heirs

Question

Question: During his lifetime Zayd divided his property between two daughters and three sons in this manner: the best land — two to two and a half bighas (a local unit of land area) — he gave to the two daughters, saying: “I have certainly given you less, but I have given you the best land”; and he divided the remaining land among the three sons, giving each of the three separately eleven bighas of land. Zayd told the sons that they would receive no more than this; the remaining land he kept for his own expenses.

Answer

Whatever a father, in a state of health and well-being, gives to his children — son or daughter — that is, gives as a gift and, removing his own possession, places it in the recipient’s possession, becomes the recipient’s property, whether the gift was made verbally or was also put in writing. That thing will not become part of the estate (tarika)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.