Father gifted plots of land only to his sons before his death
25-6-2007 | IslamWeb
Question:
My father purchased plots only for his sons (six sons) with proper documentation and mutation from concerned office, transferring the ownership in names of his sons. Now after he passed away, every son has a file duly registered in his name. Do we need to include these plots in calculating shares of all others heirs, that is, daughters and mother. There is another house which I understand should be shared according to islamic inheritance law among all, that is, six sons and four daughters and mother.
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.
If your father had gifted this land to you and you were able to act on it as its owners, like selling it, renting it and the like, then this is a correct and acceptable gift (in religious terms) and the land became your property and it is not included in the inheritance.
However, if he had not gifted it to you as discussed above until he died or was in his death sickness, then it is considered a will and it is not permissible to make a will for an heir unless the other heirs agree to it as the Prophet said: “Allaah has given each one his right and there is no will for an heir.” [At-Tirmithi, Abu Daawood and Ibn Maajah] Another narration reads: “There is no will for an heir until the other heirs permit it.” [Ad-Daaraqutni and Al-Bayhaqi].
In this case, if the other heirs did not agree with the will which your father made, then this land is included in the inheritance and it should be divided according to Islamic Law, and the procedures of registration and changing of ownership should not be taken into account. For more benefit, please refer to Fatwa 91269.
Finally, it should be noted that your father was wrong as he gifted his sons and not his daughters, and this is an injustice which should not be accepted. The Prophet said: “You should be just between your children when gifting them, because if I were to favour anyone, I would have favoured the women (the female over the male).” [Sa'eed Ibn Mansoor and Al-Bayhaqi].
For more benefit, please refer to Fatwa 89924.