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Hibah of house

Fatwaa ID: 1797

السلام عليكم ورحمة الله وبركاته
InshaAllah mft saab is well

Mft saab in hibah the condition of taking possession is important for the hibah to be concluded

As for a house if a father signed over and transfer the house to his son but he still oversee and manage the affairs of the house as is common nowadays and all his belongings in the house

In this scenario will the hibah concluded and if the father pass away will it be for the son or it will fall in the estate ?

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

Merely signing over and legally transferring the house to one’s son will not transfer ownership Islamically. Constructive possession must be found from the son. This includes the father taking out his belongings, relinquishing all rights and claims, etc. In the enquired situation, if the father only signed off the legal documents and there was no constructive possession found from the son, then the hibah will not be concluded and the house will remain the father’s. Upon his demise, it will be part of his estate.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

03/14/1445 AH – 09/30/2023 CE | 634

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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