A gift to an heir during the terminal illness

Question

Question: A man named Kale Khan died, leaving two sons, ‘Abdullah Khan and Habib Khan. ‘Abdullah Khan, one of them, had two sons and one daughter. ‘Abdullah Khan was afflicted with the terminal illness (marad al-mawt), whereupon both of his sons had all of their father’s property registered in their own names and obtained their father’s attestation of it — as though the father himself, during the terminal illness, had made over all the property to the names of both sons — and they deprived the daughter, that is,…

Answer

What both sons of ‘Abdullah Khan had registered is apparently a deed of gift; hence it is the ruling on a deed of gift that is set out in the answer. A gift made during the terminal illness has the status of a bequest (wasiyya): if one is in possession of one’s senses and, having made the gift during the terminal illness, gives the donee possession (qabd)

Source: Fatawa Mahmudiyya

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