Gifting a piece of land to one's wife without transferring it legally
Question
I own a piece of land that I purchased. I would like to transfer it to my wife's name, but I am unable to do so at the moment because I don’t have the funds to cover the expenses. My questions are:
1. If I verbally inform my wife that I am giving her this land, would this transfer be legally valid even though the documents are still in my name?
2. If this verbal transfer is valid, can I inform my parents and siblings that the land belongs to my wife? I have no children, and I want to ensure that they have no claim to it in case I pass away.
3. Transferring property can sometimes take a long time. Is it possible for me to create a will with a notary to address this matter?
Answer
1. In order for the transfer to be valid, you will have to give her complete authority and control of the property.
2. Yes.
3. Yes, whatever is done to save you legally does not impact on the shar`ee status.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
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