Fatwa No : 83817
Does Transferring a House to a Daughter’s Name During One’s Lifetime Establish Her Ownership?

Does Transferring a House to a Daughter’s Name During One’s Lifetime Establish Her Ownership?

What do the esteemed scholars and honorable muftis say regarding the following matter: A woman named Halima Bai, daughter of Muhammad Yusuf, had only one child — a daughter. At the time of her daughter’s marriage, Halima Bai was already widowed and lived alone, while her siblings were settled in their own homes. Being her only child, Halima Bai mostly lived with her daughter. After some time, Halima Bai purchased a house in Federal B Area. To buy this property, she borrowed more than half of the amount from her son-in-law. He gave her the money, and she completed the purchase. Later, the son-in-law was diagnosed with cancer. He sold his own house located in Ghari Market, and from the proceeds, a floor was constructed on the Federal B Area property. He passed away not long after. Halima Bai worked hard, sewing clothes and laboring to support her daughter and four grandchildren. During her lifetime, in the presence of witnesses, she gifted the said property to her daughter. Halima Bai passed away in 1985. Since the family belongs to the Memon community, the local Jamaat (community council) is now saying that if a religious ruling (fatwa) confirms the matter, they will register the house in the daughter’s name. Kindly issue a religious verdict (fatwa) on this matter.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, if the late Halima Bai had indeed gifted (made a hiba) the said property to her daughter and her children during her lifetime and had also given them formal ownership and possession of it, then according to Islamic law, the property rightfully belongs to them.
Therefore, the community (Jamaat) should also acknowledge the truthfulness of the heirs and witnesses, and proceed to have the said property registered in the name of Halima Bai’s daughter and her children. Doing so is valid and permissible according to Shariah.

مأخَذُ الفَتوی

ففي الدر المختار: (و) شرائط صحتها (في الموهوب أن يكون مقبوضا غير مشاع مميزا غير مشغول) كما سيتضح. (5/ 688)۔