Gifts to Children during lifetime
In the name of Allah, the most Beneficent, the most Merciful.
There are four categories of giving gifts to one’s children.
- Where the parents intend to harm and avoid giving the rights to the children. This is Makruh Tahrimi.
- Where the parents do not intend to harm the children or avoid giving their rights, however, there is no valid reason of preference of one child over another, this will be Makruh Tanzihi.
- If one child is preferred due to him being in the path of Allah, such as studying sacred knowledge, then it is desirable to prefer one child over the other.
- If a child is deprived from receiving extra wealth due to him being irreligious and a sinner then it is mustuhub to deprive him. (Bahrur Raaiq p.288 v.7 & Ahsanul Fatawa p.256 v.7)
With regards to your question, in principle it is permissible for your mother to gift the house to you. However, if she did it to refrain from giving the rights of your siblings then it will be Makruh Tahrimi, but the gift is Islamically correct.
When your mother handed the gift to you and you took it into your possession then this gift will be considered as yours and your brother and two sisters would not have any rights to the house. (Raddul Muhtar p.492 v.8)
The estate of your father will be distributed in the following way:
8 48 6
Wife Son (4) Son Daughter (2) Daughter
6 14 14 7 7
The mother will receive 6 shares from the total estate. Each of the brothers will receive 14 shares and the sisters will each receive 7 shares.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.