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To Give up One's Inheritance before the Legator's Death

Q1: A woman died leaving two daughters and one son. Before her death, she gave her children a part of her wealth as a compensation for their inheritance asking them to give up their inheritance after her death. When she died, they went back on their word. Do they have the right to claim inheritance in addition to what they have received during the mother’s life?

Q2: Assuming that they have the right to inherit her and that the amount they took during her life was equal to their inheritance after her death, should they be satisfied with it? Or is it not included in the inherited wealth?

A1: There is no harm in their claiming the inheritance because it is the right that Allah considers for them. However, if one of the heirs does not agree on the others’ act, he/ she is allowed to revoke the gift deed if it was conditioned by not claiming the inheritance and the money/property their mother had given them as a gift would return to the ownership of the heirs and they all inherit the wealth according to their shares. But, if that heir does not revoke the gift deed, the money/property remains in their ownership.

A2: It has no effect. Therefore, he/she can claim his/her share of inheritance even though it equals what he/she took as a gift during the legator’s life. Moreover, even if one’s inheritance is the very money/property one took before, one has the right to refuse the gift and take it as inheritance.

729 View | 14-03-2014 | 13:50


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