Q: My two brothers are A and B. A had property that was given to him by my father and he gave away to B. Verbally and all the family knew it. B never changed the papers on his name. But benefited from that property. B passed away leaving a widow 2 sons 3 daughters. The property is still in A s name on paper. There is no will of B. How should this be divided. A has 3 sons and a daughter and wife. They all want this property. And we both sisters of A and B are also surviving. So please advise.
A: If Brother A had given the property entirely to Brother B then it belongs to him. When it belongs to him then after his death it will go to his heirs.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)