Can a father distribute a piece of land among his children (male and females)as gifts and equally? Apparently son demands that he should receive 2 shares etc
Can a father disinherit his son legally and not being challenged
Thanks
Jahangir
In Islam you cannot do injustice between children. If you give property as gift to one child you MUST give to all children equally even if they are daughters or sons. If the father will give double to his son as compared to daughter than he will be answerable on the Day of Judgment for not doing Adal.
Son gets double share ONLY in inheritance and NOT in gifts given in the lifetime of the father.
However, the laws of Pakistan only apply to inheritance and do not determine what a man can give during his lifetime as gifts. He is free by law to give all his property to any one child. But Islam requires him to give everyone of his kids equally.
But if the man dies, then all the kids will get their shares (1 share for boys and 1/2 shares for girls). Even if he has disinherited one child from his estate even then all the children and the widow will get their shares.
In case where a deceased man leaves a pregnant woman, the unborn child's share will be reserved. Also a woman during the time of waiting (idda) after divorce is considered as a wife of the deceased for purposes of inheritance.
Even if any child is abnormal, Islam has reserved the equal rights same as of normal child.
Islam indeed has given us the complete set of rules that should be our primary source rather any estate's law !
Pk1 you are indeed a well grip authority when it comes to legal advise.
May ALLAH bless you