Jamiatul Ulama KZN

Gifting a house after demise

· 6 Rabiʻ II 1436 AH1 min readEnglish

Question

Please help…My father wishes to gift his house to my mother after his death? Is this correct Can this be done?

He does not want his children to receive the house after his death, as my mother will not have a house to live in. He wants to provide a shelter for my mother after his death.

Answer

It is incorrect for your father to gift his house to your mother after his demise.

Alternatively, your father may gift his house to your mother in his lifetime.

In this way, the house will forthwith belong to your mother and will not form part of your father’s estate after his demise. When your mother passes away, the house will form part of her estate and will be distributed amongst her rightful heirs.

And Allah Ta’ala Knows Best

Answered by
Mufti Ismaeel Bassa
Checked by
Mufti Ebrahim Desai
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/gifting-a-house-after-demise/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-14896

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