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Father gifting a property to his child before his death

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father died. He declared his one property as a gift to me and wrote a letter to society to transfer the flat on my name. Society members and many relatives are witness. He said to many relatives also about this. My question is, does that flat belong to me or should it be distributed between me and my two brothers according to shariah.

Bismillaah

A: If after declaring it for you, you had immediately taken control over the gift then it belongs to you.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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