Gifting a flat without legal transfer taking place

Answered according to Hanafi Fiqh by

Q. My brother gifted his flat to me in his lifetime. I was also staying in the flat. I only transferred the flat onto my time after my brother’s demise. Does the flat belong to me or does it form part of his estate?

A. If your brother gifted his flat to you whilst you accepted and assumed full responsibility of it during his lifetime, you are the sole owner of the flat. (Shaami)

Accordingly, the flat will not form part of your brother’s estate. The transferral of the flats name onto your name after your brothers demise, will not affect your ownership of the flat.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

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

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