Wrote his property on his two sons' names and wants it back on his name
6-4-2009 | IslamWeb
Question:
My grandfather opened a business with his two sons and from that business bought a lot of property. They all worked together but the oldest son worked the hardest. My grandfather, then put everything in his sons names because he didn't care about his daughters. Later, my grandfather married another women and had children from her, so now he wants the property back in his name. But his two sons don't agree. They say, that they worked and that my grandfather is just going to give everything to his new kids and they think his new wife is evil and teaching him because she is young and he is old. They've been going to court for years and still this problem hasn't been solved. My uncles want to give their father a third of the property, but he refuses and says he should have it all because he is their father. This problem is really annoying because it's hurting the whole family, since half of the family is on my grandfather's side and the other half is on my uncles' sides. My uncle's children and my brothers are now getting involved, but no one seems to want to try to solve the problem. Everyone is just siding with whoever they think is right. My mom gets angry at her brothers because she loves her father and now the whole family seems like it's split in half. I love them all and I want us to be a happy, loving family together. When I try to advise anyone they get angry at me. They're slandering each other, backbiting, being suspicious of each other, etc. Who is right and what should I do? This problem is really hurting me. There's more to this story, but not enough room for it all...
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.
A father is entitled to take back a gift that he had given to his children especially if it [the gift] was not just (gifted equally) among all his male and female children; for more benefit on being just when gifting the children, please refer to Fataawa 94685 and 96941.
However, the father can take back the gift only if the son did not dispossess the gift by sale and the like.
This is, of course, if we presume that what the children have is a gift and consider that writing the property on their names is a valid gift if it is proven that they acted about it (the property) in the same way an owner disposes of his ownership.
On the other hand, if the father had written the property on the names of his two sons but he acted about it as its owner, then this is not a legal gift and no consideration should be given to the law which gives the property to the children by that written document.
As regards the work of the two sons with their father in a project which he owned, then this does not give them the right to own that property. Rather, what should be looked at is if they entered with him in the project as hired workers, then in this case they deserve the fee of people who do the same job like them. But if they entered the project as volunteers, then he does not owe them anything. If there was no agreement between them, then the customs and traditions should be referred to.
In any case, if the matter is taken to an Islamic court, then it is the Islamic court that should rule about the case. However, if the case is taken to a court that rules with man-made laws, then they should withdraw the case and take it to an Islamic court, or appoint trustworthy scholars who are knowledgeable about such matters to rule between them.
By all means, it is not permissible for the children to ill-treat their father by defaming him or insulting him and so on, as this is considered among cutting ties with kinship. Indeed, Allaah ordered us to treat kindly a non-Muslim parent, let alone a Muslim one.
For more benefit, please refer to Fatwa 82254.
Allaah Knows best.