Gifts

Gifting a portion of one's share in properties to one's daughters

2 days ago By user2

Q: Please assist with query below: 

Ismail and Ishaaq are partners in purchasing properties. They have 10 properties that are owned jointly by their company. Both of them own a 50% share. Ishaaq wants to give his two daughters a 25% share each of his 50% share (which is effectively 12.5 % of the entire company to each daughter). 

1. Will Ishaaq need Ismail's permission to do this? 

2. Will an ordinary offer and acceptance of this gifting be valid? Considering it is spread over few properties and jointly owned, how can he otherwise pass on ownership? 

3. If he sells the share to them at a minimal price instead of gifting it, will it be valid e.g. the share is worth R1 million, and he sells it to them for R1000, will this be valid?

Participating in a game named secret sheep for eid which was derived from the game secret santa

3 weeks ago By user2

Q: Knowing that giving gifts is of great merit and is encouraged in Islam... 

Is it permissible to participate in a game named as secret sheep for eid which people exchange gifts... since it was derived from the name secret santa and the rules etc. all are derived from the secret santa (done on Christmas).

Gifting land to one's son during one's lifetime

4 weeks ago By user2

Q: My grandfather has several children. He had bought some pieces of land on his 3 eldest sons' names. While he was alive he sold two of the plots of land of those two sons' marriage expenditures, but kept the third plot as it is. 

Also, my grandfather did not buy land for his remaining children, but he however left behind a house without a will. 

Now, my grandfather is no more. The 3rd plot of land was bought on my father's name and is still on his name. But my father's siblings are now asking for a share in his plot of land. 

My question is whether they are entitled to any share in my father's land?

Gifting a piece of land to one's wife without transferring it legally

5 months ago By user2

Q: I own a piece of land that I purchased. I would like to transfer it to my wife's name, but I am unable to do so at the moment because I don’t have the funds to cover the expenses. My questions are: 

1. If I verbally inform my wife that I am giving her this land, would this transfer be legally valid even though the documents are still in my name? 

2. If this verbal transfer is valid, can I inform my parents and siblings that the land belongs to my wife? I have no children, and I want to ensure that they have no claim to it in case I pass away. 

3. Transferring property can sometimes take a long time. Is it possible for me to create a will with a notary to address this matter? 

Verbally giving someone a gift

5 months ago By user2

Q: If a person intends to gift a certain amount of money, around USD 100, to someone when he verbally made a certain statement saying that he has gifted USD 100 to the giftee with the intention of relinquishing his entire right of ownership, granting control to the giftee and spending money in whichever way she pleases on the amount of USD 100, but does not physically hand over the money to the person who is meant to be the giftee. 

Will such a process of gift be considered completed or not?

Siblings denying their sister her right in land that was gifted to them

5 months ago By user2

Q: We are 1 sister and 3 brothers. My youngest brother I and are Indian and the other 2 are Malaysian. My Mother is Malaysian and the owner of 20 acres agricultural land. During her lifetime she announced Hiba for an equal distribution of the land under which she gave 5 acres to my middle brother due to his financial condition. I being an Indian was constantly using my share of profit along with my mother as her sons never took up her responsibility except for food and lodging. Now she is suffering from dementia but still remembers her hiba for her 3 children. 

Question 1- if a child is in a foreign country then how would she fulfill the requirement of Malikana Haq as I too am not financially strong to travel internationally often? 

Question 2- there are witnesses for the verbal hiba. 

Q3- in one of my recent trips in 2022 in front of my mom I verbally took possession of my land and wanted to utilize the profit till I could sell it, but my Malaysian brothers refused to do so. Both of them has taken their share under hiba and supporting the Indian brother and denying my right on the pretext that I don’t have the Milkana Haq- Total Possession of land. 

Question- How would it be established that I too have the right to 5 acres land as for the past 10 years my mom and I have been using the profit by mutual understanding?

Gifting of the house and inheritance

10 months ago By user2

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?

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