IslamQA

Putting a property on someone else’s name

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: What is the Islamic ruling regarding gifting a fixed property? My in-laws got into financial difficulty and I put the house on my name in 1997. I did not pay the monthly bond instalments. These were made by my sister in law. However I was indebted for about R80000 since the bond was initiated for some other expenses my in-laws had incurred. My father in-law suffered a stroke and his health has deteriorated for the past fifteen years. One cannot understand his speech and requirements. My mother in-law has basically taken charge for the day to day running of the house and well-being. My in-laws have four children comprising of two sons and two daughters. The sons have not contributed to the upkeep of the bond. My mother in-law has decided to give the house once paid up and debts settled to my sister in-law. What is the Shar’ee ruling on this? Can the property be gifted to her whilst my in-laws are alive? Please advise me on the way forward.

Bismillaah

A: If you do not purchase the house from them and nor did they gift it to you, then they will still remain the owners of the house. By them merely putting the house on your name in order to avoid the bank repossessing it, does not make you the owner of the house.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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