• Transactions & Dealings >> Inheritance & Will

    Question ID: 165273Country: India

    Title: Gifting of properties by Childless Man

    Question: We are five sisters and three brothers, my eldest and second brothers have no children, eldest has adopted 1 son and 2 daughters of my second sister, whose husband is brother of my eldest brothers wife, and second has adopted 1 daughter of my 3rd sister, I have two children one daughter and one son. My eldest brother is planning to gift his property to both adopted daughters 50;50. And to son he says he is financially sound so he doesn't need anything. Is he right, can he gift like this, does Shariah allow this, or what is the share says about his property distribution. Please advise to guide him properly.

    Answer ID: 165273

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 3/208/SN=04/1440)


    According to Shariah, an adopted child is neither an heir nor have any right in the property of that person who has adopted. Moreover, according to Shariah, it is disliked to deprive one’s heirs completely and give all the property to adopted child. Hence in the question mentioned above your big brother should not give all the property to adopted child (whether he intends to give both the daughters or the son as well), if he intends to give then he should give him small quantity as per need and keep the remaining for other heirs which will be divided among his legal heirs (i.e. brother, sister, wife etc) as per the Shariah rules.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India