Fatwaa ID: 1182

Question:
Greetings brother in Islam

How is hiba of empty land considered completed in shariah?

If ownership document i.e title deed is in giftee’s name but title deed itself remains in original owner’s custody will it have an impact on ownership, or the process of hiba is complete now that title deed is in giftee’s name which allows him the power to conduct any sort of transaction he wishes even though title deed document file is still in old owner’s custody.

Secondly now that title deed is in recipient’s name as I already mentioned but when transcation was conducted the one gifting the item and the receiving party did not follow the procedure of physically going to see where the land was, where the old owner can verbally say to the recepient that he has transferred ownership to him and from that moment on he has acquired the power to conduct any sort of transaction related to it.

Are the two procedures mentioned above essential to complete hiba of an empty land or naming title deed under recepient’s name will be enough ?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, merely transferring the legal title deed to a person’s name does not transfer ownership. For the validity of a gift, there must be a proposal and acceptance, followed by the giftee assuming constructive possession of the gift. It is not necessary for the proposal and acceptance to be done in the presence of the gift. As long as constructive possession is found thereafter, the gifting will be valid and complete.

In the enquired situation, based on the information provided, the gifting is complete even though the deed remains in the custody of the gifter as the giftee has full power and authority of the land. The gifter must surrender the title deed to the giftee. That is a manifestation of him relinquishing all rights and claims to the land.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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