IslamQA

A gift without taking possession

Answered according to Hanafi Fiqh by Askimam.org

Kindly urgently supply a shar’y reply to the following question: A father in his lifetime says to a son of his in the presence of other witnesses: “I hereby give you this property as a free gift.” He does not transfer it to the son’s name even though there is nothing preventing him from doing so except that transfer costs are due.

The father dies and the property is still listed on the father’s name. Other heirs now claim iut is psrt of the Estate of the late father, wo which all the Islamic heirs have a share. What is the view of the Ulama on this mas-alah? Who is now the owner of this property?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salamu ‘alaykum wa-rahmatullahi wa-barakatuh.

In order for us to respond to the above query, please clarify the following:

  1. After the father made a verbal statement of gifting the house to his son, despite the father not transferring the title deed of the house to his son’s name, was the house in the physical or constructive possession of the son?

 

If so, in an event of loss, who would’ve taken responsibly of the loss?

  1. After the father made a verbal statement of gifting the house to his son, at the time the father was alive, who was living in the house? The father or son? Who had control over the house?

 

  1. Did the father verbally gift the house to his son long before his death or during his sickness prior to his death?

 

You may forward your answers to [email protected] for our consideration.

And Allah Ta’ala Knows Best

Ismaeel Bassa

Student Darul Iftaa

Durban South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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