Can Parents Gift Unequal Houses to Sons Without Causing Inheritance Issues?

Gifted Houses for Sons: Legal Implications and Inheritance Concerns

Question: Parents have bought two separate houses for their two sons, with half of the price still remaining as a loan. The house bought for the elder son is a bit more expensive and is still in the parents’ name, while the house for the younger son is a bit cheaper and has been registered in his name. Now, the parents have told both sons to pay off the remaining loan for their respective houses. Since the elder son’s house is not registered in his name, it requires a significant amount for registration. The question is whether it is permissible to give the houses to the sons with a difference in price, considering that the younger son believes that since the parents spent on making him a doctor, he has no issue with the cheaper house. In case the parents pass away, will the larger house be inherited by both children, since it is a time of documentation and wealth can cause disputes among blood relatives? What if the younger son claims inheritance from the elder brother’s house in the future?

Answer: If the father has bought separate houses for his two sons, meaning he has gifted houses to both, there is no issue in this. A father can give whatever he wants as a gift to his children, and there is no problem in this. However, it is important to remember the principle that all children should be given gifts. If he has other children, they should also be given gifts, even if they are daughters. The difference in the price of the houses and the reason for this difference, as explained, does not pose any issue

Since the elder son’s house is not in his name, he should get the house registered in his name to avoid any future problems. This house will remain the elder son’s even after the father’s death, regardless of whose name is on the documents.

 Sheikh Maqbool Ahmed Salafi (May Allah protect him)

❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫