Gifting the house to one's son in one's lifetime
Question
I purchased a house and, during my lifetime, gifted it to my son. I completed the gift (Hibah), and full possession and ownership of the property were transferred to my son, with the property registered in his name.
My question is: After my death, will this house still be considered part of my estate tarikah) and subject to Islamic inheritance laws, or will it remain my son's sole property since I gifted it to him during my lifetime?
Answer
Since your son became the owner of the house and property through you gifting it to him and giving him complete control over it (by him taking possession of it), it no longer is part of your ownership. Hence, after your demise, it will not form part of your estate.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.