Fatwa No : 83891
Ruling of wife giving her house to husband with possession of ownership rights

Ruling of wife giving her house to husband with possession of ownership rights

What do the learned muftis say about this issue, Ali Gul's marriage took place in 2008. At that time Ali Gul did not have his own house. After his marriage, her father gave his wife a house, and also gave her ownership rights. Ali Gul shifted to this house with his wife, and continued to live there. After a few years, Ali Gul's wife gifted the house to Ali Gul, and said that it is yours, and also registered it in his name in official documents. Now Ali Gul's wife has passed away last year, and she has no children. I want to know from you whether the said house has come into the ownership of Ali Gul, or it will also be included in the estate and distributed among other heirs, I would be grateful for your answer, Jazak Allah.

الجوابُ حامِدا ًو مُصلیِّا ً

In the case mentioned, if the deceased's father had actually gifted the house to the deceased and given her possession with ownership rights, and then the deceased too had gifted the said house to her husband Ali Gul and given him ownership rights officially, as is apparent from the question, then that house has now become the property of Ali Gul, and therefore the other heirs of the deceased have no share in it.

مأخَذُ الفَتوی

کما في المحيط البرهاني في الفقه النعماني: و في «فتاوي أبي الليث» : وهبت المرأة دارها من رجل هو زوجها وهي ساكنة فيها ولها أمتعة فيها والزوج ساكن معها يصح؛ لأنها مع ما في يدها من الدار في يد الزوج فكانت الدار في يد الواهب معنى فصحت الهبة. (6/ 242)۔
و في البحر الرائق شرح كنز الدقائق ومنحة الخالق: (قوله وشمل ما إذا كانت دارا مشغولة بمتاع الأب إلخ) قال الرملي وكذا إذا وهبت المرأة دارها لزوجها وهي ساكنة فيها ولها أمتعة فيها والزوج ساكن معها حيث يصح كما في التجنيس. اهـ. (7/ 288)۔