Q: My father had eight brothers and one sister. From the eight brothers, my grandfather had a small son. The small son’s hand was cut off in an accident when he was studying.
Now, my grandfather gave his house to his young son whose age was 25 because his hand got cut, but my grandfather only gave him the house, not the things in the house. At the time when my grandfather gave him the house, my grandfather and grandmother were also staying in the house. After my young uncle began damaging the house, my grandfather took the house back and gave it to my grandmother. My grandfather gave my grandmother the house and everything inside the house. Thereafter, my grandfather passed away.
My grandmother then decided to give the house to my other uncle. She told him that he can take the land, build on it, and whatever is the existing property, after breaking it e.g. the tiles, the wood etc., he should distribute it among the other brothers. However, he got angry and never took anything.
My grandmother then came to my father’s house and gave him the entire property (the house and everything inside the house). My father was the eldest son. My father then sold the property for seven hundred thousand rupees. My father wants to know what should be done with this money i.e. who does the money belong to? Should the money be given to all the brothers or can he keep the whole amount for himself?
A: The Fuqaha explain that in order for the gifting to be valid in shariah, the person who is gifted the house should have complete control over the house as well as everything inside the house. If the person gifting the house continues to live in the house with all his belongings and only gifts the house to someone, the gifting will not be valid.
Hence, in the above case, since your grandfather was still living in the house with all his belongings, (furniture, cutlery, goods owned by him and your grandmother, etc.), the gifting of the house to your young uncle was not valid, as your grandfather did not gift him everything inside the house. Hence, your young uncle did not become the owner of the house when your grandfather gifted it to him.
Thereafter, when your grandfather gifted the house to your grandmother, since he had gifted the house and everything inside the house to your grandmother, the gifting to her was valid and she became the sole owner of the house as well as everything inside the house.
Thereafter, when your grandmother gifted the house to your father, since she had gifted the house as well as everything inside the house, the gifting to your father was valid and your father became the sole owner of the house and everything inside the house.
Therefore, when your father owned the house, it was permissible for him to sell the house and the money acquired from the sale of the house (i.e. 700 000 Rupees) also belongs to your father alone. He does not have to give any portion of this money to his siblings.
Note: This fatwa issued conforms to the information that was provided to us.
And Allah Ta'ala (الله تعالى) knows best.
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