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Ownership of a property that was registered under someone else’s name

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father purchased 10 shops in our country while he was in USA. Due to his trouble travelling back to have it registered in his name he told his father to have it recorded on his name and he would transfer it once he comes back. Few years passed and the father passed away. After that there were family issues and they transferred the owner ship from the fathers name to his brothers named. Now when his status is good to travel and his family has grown Alhumdulilah, he wants the property back onto his name. Now all the brothers and sisters are saying that it is their father’s property as it was under his name. My father has proof of payment and everything but yes, unfortunately the property was under his father’s name and not his name. He always mentioned to his father that one day I will have it under my name but never could. Now, can he ask for the property back as he is the one who purchased it. 


A: If he has sufficient evidence that it was his and he had written the property and shops on his father’s name just out of convenience then obviously the properties belong to him.

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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