IslamQA

Can a husband give his house to his wife after his death?

Answered according to Hanafi Fiqh by TheMufti.com

Q. Please help…My father wishes to gift his house to my mother after his death? Is this correct Can this be done? He does not want his children to receive the house after his death, as my mother will not have a house to live in. He wants to provide a shelter for my mother after his death.


A. It is incorrect for your father to gift his house to your mother after his demise. Alternatively, your father may gift his house to your mother in his lifetime.

In this way, the house will belong to your mother and will not form part of your father’s estate after his demise. When your mother passes away, the house will form part of her estate and will be distributed amongst her rightful heirs.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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