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Fatwa CenterFather Wants to Take Back a Property He Had Gifted
Question
As Salaam Alai Kum, All praise to Allah. My sister (May Allah grant her Jannah), pressurised my father and took a lot of his property. By Allah’s will she died and now my father and mother feel they have not much left for their own day to day and medical expenses. My late sister yet is survived by 2 sons and her husband. Can my father ask back atleast a small part of what she had taken from him or will it now be unjust. Thank you for your response in the light of Quran and Sunnah.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If what your sister had taken from your father was a loan, then it is a debt on her and it should be repaid from her inheritance before its division. Your father has the right to ask for all of it or for part of it if he so wishes, if she had left anything with which to repay this debt.
However, if what your sister had taken was a gift from your father, then he has no recourse to it after her death as her heirs have right in that gift.
Nonetheless, the father and the mother are among the heirs, and each one of them gets one-sixth of the inheritance of their daughter. Allah Says (what means): {And for one's parents, to each one of them is a sixth of his estate if he left children.} [Quran 4:11]
Allah knows best.
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