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The ruling on a father transferring ownership of his house in documents only to one son

Financial Transactions,Gift,The ruling on a father transferring ownership of his house in documents only to one son

Fatwa No :
83222
| Date :
معاملات / مالی معاوضات / ہدیہ

The ruling on a father transferring ownership of his house in documents only to one son

What do the esteemed Islamic scholars say regarding the following issue that my father, who is Alhamdulillah still alive, has transferred ownership of a house, in which he and my three married brothers reside, to my name. Due to the inappropriate behavior of my brothers, he did not give them any share. I myself do not live in this house. Is this action correct, according to Shariah? I have three brothers and two sisters, all of whom are married. Kindly provide a Shar’i solution.

الجوابُ حامِدا ًو مُصلیِّا ً

Merely registering the property in someone’s name on paper is not sufficient; it is also necessary to formally hand over ownership and possession. Therefore, if the questioner’s father did not terminate the rights of the other individuals related to the house and did not give the questioner full ownership and possession, then simply registering the property in his name does not make him the owner. Rather, the house remains, as before, the property of the father.

مأخَذُ الفَتوی

ففي الهداية شرح البداية: الهبة عقد مشروع لقوله عليه الصلاة والسلام تهادوا تحابوا وعلى ذلك انعقد الإجماع وتصح بالإيجاب والقبول والقبض أما الإيجاب والقبول فلأنه عقد والعقد ينعقد بالإيجاب والقبول والقبض لا بد منه لثبوت الملك اھ (3/ 224)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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