Selling a vehicle or property if one does not have the logbook or title deeds in one's possession

Q: 

1. A dealer purchases cars from auctions. Payment is made for these vehicles and the dealer has possession of the vehicle. However, the auctioneers generally delay paperwork and release the logbook, etc. months later. Can the dealer sell the cars before receiving paperwork? 

2. A person purchases a property but does not have the title deed as yet. It is still being processed with the master's office. Is he considered as the owner? Can he sell the property? Can he rent out the property and receive rentals?

A: 

1. Yes, but he should notify the purchaser about these details. 

2. Yes, if there is a level of certainty that the sale is valid and there would be no alterations.

And Allah Ta'ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)