Gifting home to daughter ?
Question Assalaamu’alaikum. Pray you are well. If I can kindly request that you reply on here to this question as it is very urgent, important and sensitive and I may miss it on the group. My father passed away recently. He possessed land abroad. And one property which he lived in here in the Uk. He leaves behind my mother, one son and three daughters. He has always made clear the house is for one of his daughters. Well before he passed away. He even advised how she should use it for her benefit. He always said my other two daughters have houses in their names. My son is sorted but I have never gifted anything to her so this for her. I didn’t give her anything for her wedding either. My mother always said the same thing and continues to say so. They’ve both been very clear that the house is for the daughter in question. He even insisted over and over again that the paperwork get completed before he passed away but the daughter in question didn’t do so out of respect and out of fear, that maybe siblings will think she is trying to take the house and being greedy. (Although we don’t think that and are aware dad wanted it for her)
He verbally made clear that the house is for her and requested her to complete paperwork on numerous occasions. And said everything else (land and property abroad should be shared amongst the four). He didn’t leave a will before he passed away. He left all his wishes and secrets with the daughter in question but also mentioned in front of us that this house that he lived in is for her.
Now the idea is, living here in the Uk, the house will automatically get transferred over to my mothers name and then she will either gift it to the daughter or leave it for her in her will. There is no dispute amongst other siblings. We all know dad wanted it for her. But we’re just worried he didn’t have a Islamic will. We know deep inside the house was a gift for her and the rest of his belongs were for us to inherit. Does this go against Islamic inheritance?Should the daughter then share the house with her siblings?
He had no debts Alhamdulillah Masha’Allah. His funeral and burial costs were paid equally by the four of us and we don’t wish to claim that back from him. Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful
If your father gifted the home to your sister before the sickness which led to his death (maradul mawt), and she took full possession, during his lifetime 1, of the home in such a way that there were no hindrances that prevented her from utilizing it as she desired2, then that transaction of gifting the home would be considered complete, and the home would be considered her’s.3 That being said, based upon your query it seems that your sister did not take full possession of the home during the duration of your father’s life, which is a condition for this type of transaction to be valid and complete. Consequently, the transaction of gifting the home became null and void with the death of your father4, therefore all of the heirs are entitled to this home. Nevertheless, if the heirs consent to waive their right to the home and gift their respective portions to the sister, then that would also be permissible.5
Only Allah knows best
Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah Darul Ifta Birmingham
1 Raddul Muhtar: v. 8, p. 493 (Maktaba Imdadia) اﻟﻜﺘﺎب: اﻟﻤﻮﺳﻮﻋﺔ اﻟﻔﻘﻬﯿﺔ اﻟﻜﻮﯾﺘﯿﺔ )ﻛﯿﻔﯿﺔ ﻗﺒﺾ اﻟﻌﻘﺎر(، ﺻﺎدر ﻋﻦ: وزارة اﻷوﻗﺎف واﻟﺸﺌﻮن اﻹﺳﻼﻣﯿﺔ - اﻟﻜﻮﯾﺖ 2 3 Fatawa Usmania: v. 3, p. 439-440 (Maktaba Ma’ariful Quran Karachi) 4 Fatawa Hindiya: v. 4, p. 448 (DKI) 5 Fatawa Darul Uloom Zakariya: v. 5, p, 593-594 (Zam Zam Publishers)