Assalamou Alikum Respected Mufti Sahib, A father during his lifetime gifted his daughter a house (which was then legally transferred from his name) and also said and wrote that 30 thousand pounds of the value of another property, which he owned, is now the property of the daughter. This gift was granted because of the daughter’s khidmat of the father and his wife, due to which the daughter never married and stayed single. Now, in a twist of events the father and daughter once had an argument and during the exchange the daughter said, ?I don’t need anything from you, no house no money? referring to the gifts the father had granted her. Now the question is, by saying these words, does it have any effect of her ownership of the house or the 30 thousand pound property value, which she previously received from the father. May Allah reward you. Wassalaam
Answer:
(Fatwa: 79/79=L)
In the abovementioned case, when the father gifted the house to his daughter and gave it in her possession so this is valid and the daughter will be legal owner of the house. Now when the daughter said: “I do not need anything from you; no house no money” then also the house will remain in her possession and she will be regarded its owner: اعلم ان الاعراض عن الملک او حق الملک ضابطہ انہ کان ملکا لازما لم یبطل بذلک (حاشیۃ الاشباہ والنظائر: 3/53)As far as the matter of 30000 pound is concerned, since the father did not make her the owner; therefore the daughter shall not claim it. Yes, after the death of father, it can be given to her if all heirs allow.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband