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Fatwa CenterA son taking back a gift he had given to his mother before her death
Question
Assalam-alaykum,
This refers to the gold ornaments that we had gifted our mother. Now she has died and I would like to know whether we can individually take back whatever we had given her or we should pool those ornaments and distribute amongst us. If it has to be distributed then what is the method? Also note two points, 1. that our father is alive, please let us know what is his share in those ornaments and 2. When I had given her the ornaments she had said that after her death it will belong to her grandson (i.e. my son).
Thanks, Jazak Allah
Parvez
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
All those ornaments should be added to the inheritance of the mother and it should be divided on all her heirs each according to his legitimate share.
The share of the husband from this inheritance is one-fourth, as regards the remaining heirs, you did not clarify them to us so that we can know the share of each heir; so in this case, it is the Islamic court that should study the matter.
As regards taking back your gift after the death of your mother, then this is not acceptable because she had possessed it when she was alive according to what you mentioned in your the question, and after her death, it becomes an inheritance for all the heirs as we mentioned.
Moreover, her promise to you that the ornaments will be for her grandson (your son) after her death should not be taken into account, as he is not an heir because he is prevented from the inheritance by his father (you) and his uncles. So he has no share in her inheritance and he cannot get anything from what she had left, be it gold or anything else, unless she had made a will to this effect. However, it appears that she did not make a will to her grandson or anyone else and even if she had had the intention to do it, she actually did not do so.
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