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Topic: Can Children Demand a Share of Their Parents' Wealth During Their Lifetime?

(No-42133)

Q Mufti Sahib! Can a son or daughter demand a share in their parents' property during their parents' lifetime? Furthermore, according to the Sharīʿah, do children have any fixed legal right to a share in their parents' wealth while the parents are still alive?

a
It should be noted that any wealth or property given by parents to their children during their lifetime is regarded as a gift (هبة) and not as inheritance.
A gift is a voluntary transfer of ownership made out of the free will of the giver.
Therefore, it is not permissible for a son or daughter to compel their parents to give them any portion of their property during the parents' lifetime.
As for inheritance, the right to an heir's prescribed share only comes into existence upon the death of the parent. Consequently, no child has a fixed Shariah right to claim from the parents' wealth while they are still alive.

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دلائل:

*البحر الرائق: (364/9، ط: دار الکتب العلمیة)*
قال مشائخ بلخ: الإرث یثبت بعد موت المورث۔

*رد المحتار: (493/10، ط: زکریا)*
وهل إرث الحي من الحي أم من المیت؟ أي قبیل الموت في آخر جزء من أجزاء حیاته المعتمد الثاني۔
لان الترکة في الاصطلاح ما ترکه المیت۔

Allah Almighty knows best,
Darul ifta Al-Ikhlas Karachi.

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