Giving property to a nephew and not to one’s sons

Question

Question: My father, suppressing our right, is transferring his land to the name of his nephew (his brother’s son), while we are in so much debt that even after giving up the house and the land a balance still remains; and his nephew is a minor. I have four younger brothers and sisters whose upbringing and marriage are still ahead. In these circumstances, is this permissible from the standpoint of the Shariʿa or not?

Answer

If he is doing this in order to harm you, then it is oppression and a sin; he must by no means do so, otherwise there will be a severe reckoning in the Hereafter. However, a father has a natural love and tenderness for his children, which requires that he make arrangements for his children’s comfort even for the time after him, so that the children are not left in distress.

Source: Fatawa Mahmudiyya

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