Q: A person has a personal house that he wishes to gift to his three daughters. How should he complete the hibah (gifting) process, considering that the title deeds are in his name? If he does not transfer the house onto their name but merely gifts it to them in the presence of witnesses and has it duly signed as well, will this be sufficient?
I was informed that the gifting will only take place if the house is divided and each daughter be given a separate portion of the house. It this necessary or can I just gift the entire house to the three of them?
A: The gift will be valid. However, in our context the ownership is only legally recognised with the transfer. Hence he should ensure that he does the transfer as well.
If the house is such that it can be divided then it should be divided first.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)