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Us the house rightfully mine or not?

Answered according to Hanafi Fiqh by Fatwaa.com

My mother gave me her house and it’s contents while she was still staying in the house. I was also staying in the house at that time. She then made a condition that we keep a part of the house for her if she were to come back. She said she was going to give me full control when she leaves. She then left and as she was away she still tried to control what happens in the house. I then moved out of the house and sent her the keys.

After that she again insisted that I move back in the house as she wanted me to have the property. I took the keys back but I never move into the house.

While I was still  possessing the keys, she again insisted that I move back into the house. I didn’t move back. She then got angry with me and said’give me my keys back’

I then decided again to move into the house but die to bad memory I was unsure if she actually gave me the the house and it’s contents.

My son thereafter phoned her and asked if she gave the house and the contents to me, where she replied that she already gave me the house in the past . Also on the call she said that she wants some of the house contents. I then made up my mind to posses the house and take it.

Shortly after the call she messaged him saying that she only wants me to use it and not take it,becoz she can’t give it due to some problems with the lawyers, but if she was to die I must take the house and contents.

My question is :  Is the house and the contents of the house mine? . She gave it to me on various occasions but after 1 day or so she changed her mind and said I must just USE it. In no occasion did I give the house and contents back. Also when my so phoned her she confirmed that had given me the house. But on the same call she again requested some particular contents.

So I want to know if the contents of the house is rightfully mine or not? .

Jzk

Answer

Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh

In the current scenario, if at any time after she had mentioned that she is giving you the house together with its contents, and you had subsequently accepted that and were given full control, access, and authority to them, then it would belong to you.

If she had retracted from the gift thereafter, then that would not be in order and the gifting would remain intact.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

References

و تصح الهبة بالإيجاب و القبول و القبض (الهداية 5/478 دار السراج)

والتمكن من القبض كالقبض (رد المحتار 8/492 دار الكتب العلمية)

فلو وهب لذي رحم محرم منه لا يرجع فيها (كنز الدقائق 3/134 مكتبة البشرى)

لأن المقصود منها صلة الرحم ، و قد حصل ، و في الرجوع قطعية الرحم ، فلا يرجع (رمز الحقائق 2/264)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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