Gifting Property during illness before Death
Question:- What do the scholars say about the case of an elderly woman who died of an illness and her heirs are two brothers and two sisters. A third sister has already passed away who had children. A few days before her death during illness, she gifted her house to one of her sisters. Is it correct to give a gift like this?
Answer:- Gift given in life threatening illness is treated as a will and must be seized. In the case in question, since this house is not occupied by this sister, the gift of the deceased has not been enforced and this house should also be distributed among all the heirs.
