Q: My father had taken a house on rent in 1970. In 1978, my father entered into agreement with the builder for flat to be allocated to him. He also agreed to buy 100 sq feet more by paying Rs. 10000/-. During this time someone had suggested him to avoid some legal issue he transferred his right to my uncle just for the sake of law. Till now we were staying as joint family. In 2011 my uncle was diagnosed with cancer, so we verbally made his will stating that the house will be divided in 2 shares 50% to his wife and other 50% to me, that time my father didn’t objected to his decision as my uncle was suffering from cancer. My uncle died in 2012 September, and now his wife want to sell the property and take her 50% share for which my father is objecting. I want to know in the light of Sharia rules. 1. Can my uncle make verbally will for the property which was actually of my father but due to some legal issue the property was registered in my uncle name. 2. Who is the rightful owner of the property?


A: If your father did not sell the property nor gift it to your uncle, but only transferred it on his name to avoid legal issues, then the house will remain in the ownership of your father.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)