Question
A man said that he had given his house to his son. After his demise, a dispute developed with the other heirs who claim that the gift was not valid because the father had full control of the house. He lived in the house, paid the rates, etc. The son had no control over the house. What is the ruling?
Answer
For Hibah to be valid, niyyat and statement are not sufficient. There must also be qabdhah (possession). Regardless of sincerity of intention, if the asset is not physically handed over to the person, the hibah will not be valid. In this case, the house belongs to all the heirs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 10
- PDF page
- 12
Appears under Questions and Answers (approximate).