Fatwa No : 83820
The Shari Ruling on Gifting a House to Sons During One’s Lifetime

The Shari Ruling on Gifting a House to Sons During One’s Lifetime

To the Respected Mufti Sahib, Jāmi‘ah Binoria ‘Ālamiyyah, SITE, Karachi
Respected Sir, As-salamu ‘alaykum! After greetings, I submit the following: We own a house of approximately 45 square yards in Gujarāt Colony, Baldia Town, which has six heirs as follows: Our mother, Three brothers, Two sisters, Total: six heirs. Our mother, who is currently ill and bedridden, wishes to distribute the house during her lifetime. Therefore, we request you to kindly issue a fatwa clarifying what share each heir is entitled to according to Shariah. Additional details: Our father passed away about 20 years ago.
This house was purchased around 30 years ago in the name of our father. However, it was bought using the money that our mother had received as her share of inheritance from her own father. At the time of our father’s death, the property documents were still in his name, and they remain so until now. Hence, we request your guidance regarding how the shares should be distributed. Note: The money used by our mother was from her inheritance.
Clarification Required by Dar al-Ifta: It must be clarified whether the amount given by the mother to her husband for purchasing the house was given as a loan, with the condition of registering the house in her own name, or whether she gave it to him as a gift. And what was the father’s response at that time? Kindly provide full details of these two points, and then resubmit the question to the Dar al-Ifta. In sha Allah, you will be informed of the Shari ruling. Answer to Clarification: Respected Sir, our mother gave this amount specifically for the purchase of the house. It was never considered as a loan, nor was repayment ever mentioned or demanded. Yours Humbly, Servant.

الجوابُ حامِدا ًو مُصلیِّا ً

Respected Questioner: If the mentioned house truly belongs to your mother, and she gave the amount for its purchase to her husband without transferring the ownership of that amount to him, then the fact that your late father purchased it under his own name does not affect her ownership. The house will, in reality, remain your mother’s property. If she now wishes to distribute this house among her children, then this is undoubtedly permissible and, in Shariah, falls under the ruling of hiba (gift). The details are as follows: She may give to any of the existing heirs whatever portion she wishes. However, since this act is regarded as hiba, and for a hiba to be valid and correct in Shariah it is necessary that possession be lawfully transferred, the better method is that she first keeps aside, according to a reasonable estimate, whatever she wishes for her own remaining life. Then, she should divide the remaining property into equal five shares and give each son and daughter one share, ensuring that each is granted full ownership and possession. Merely recording their names on documents is not sufficient. If she wishes to give one of her sons or daughters something extra on account of need, service, or obedience compared to the others, she may certainly do so. However, without a valid Shari reason, completely depriving any heir of her property is sinful and must be avoided.