We are two brothers and one sister, As per my Parents they have made a will were in 70% of the property has been distributed among Brother and sister as per the Islamic Law of 2:2:1 .
Regarding Balance 30% of property, they want it to be given one son additional to the above share.
Reason, is that they can gift 30% of their property to any one without questioning, hence they want to give this additional property to one son. Also reason is this son is staying with them and serving them at old age.
Kindly let me know if its Justified as per Islamic Law.
It is not permissible for your parents to set aside additional wealth from inheritance for one of their children. The shares of original heirs have been predesignated by Allah in Qur'an. The Holy Prophet Sallallahu Alaihe Wa Sallam said: "لا وصية لوارث" "No will maybe made in favor of an original heir". Sons have already been given their share through Qur'an. If your parents wish to give additional wealth to one of their children then they may do so during their life with full possession.
And Allah knows best.
Mufti Ikram ul Haq
Fatwa Center of America