Question:
A man has two wives, he transferred his property in his life only to children of his second wife now children of first wife want to get their share is it possible?
Aked By Shahzaad Ali
Answer
The property gifted in the lifetime will be just that-a gift. It no longer can form part of the legacy. However, the father was required by Sharia to distribute the property between all the heirs, either equally or proportionately. It was sinful of him to gift all property to one or some children.
Now the children from the second wife don’t have to give the property to other siblings, however it is advisable and recommended that they help the father come out of this sin by redistributing the property between them according to the principles of Sharia. The detail of this can be enquired separately.
واللہ تعالیٰ ورسولہ الکریم ﷺ اعلم بالصواب
Written by: Mufti Syed Siraj Ul Arifeen Shah
St. Ives (Cambridgeshire, UK)
05/07/2024 22:15, 28 Zil’ Hijja, 1445 Hijri