A father during his lifetime gifted

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Question

 

 

A father during his lifetime gifted his daughter a house (which was then legally transferred from his name) and also said and wrote that 30 thousand pounds of the value of another property, which he owned, is now the property of the daughter.

 

This gift was granted because of the daughter’s khidmat of the father and his wife, due to which the daughter never married and stayed single.

 

Now, in a twist of events the father and daughter once had an argument and during the exchange the daughter said, “I don’t need anything from you, no house no money” referring to the gifts the father had granted her.

 

Now the question is, by saying these words, does it have any effect of her ownership of the house or the 30 thousand pound property value, which she previously received from the father.

 

 

Answer

 

Muhtaram / Muhtaramah

 

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

 

 The words mentioned will not have any effect on the validity of a gift However, for a gift to be recognized in the shariah, the person to whom the item was gifted to must take possession of the item.If no possession takes place, the gift is not valid.

So with regards to the gift of 30 000 pounds in the property, possession could not have taken place, therefore this gift is not recognized.

With regards to the house, if the father was still living in the house at the time of the gift, this gift too is not recognized.

A suggestion is for the father to sell the house and a share in the property eg.20% for a nominal price eg.100 pounds. In that case possession is not a condition and transfer of ownership will take place immediately.

 

And Allah knows best

Wassalam


Darul Iftaa, Madrassah In’aamiyyah


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