The correct manner of gifting a house to someone
Question
According to sharia for a process of hiba to be completed requires 3 key steps
1. Declaration by the owner that he/she is offering gift to a certain person
2. Acceptance by the potential giftee
3. Last key step called Qabd which is about taking constructive possession of the item gifted
I would like to know when a hiba involves a constructed house, what will constitute the step of Qabd in such a case?
Will transferring ownership on the document of title deed with the intention of handing over complete control of the house suffice or hiba will not be complete of a constructed house if the house keys along with title deed are not given to the person who it is being gifted too.
Answer
Gifting will take place when the one gifting the house says to someone I have gifted the house to you and he then gives the person complete control of the house. When the person takes control of the house, the gifting will be valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
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