Question
A father stated in a document that all his assets are gifted to his children in equal shares. The condition he attached is that they have no authority to dispose of the assets or use same without his consent. Is the gift valid?
Answer
The gift is not valid. The following two factors are essential for the validity of a gift:
1) Assigning possession of the gifted asset to the donee is Waajib. Minus possession the gift is not valid. It remains the property of the owner (the fake donor).
2) If possession is taken of a gifted asset to which conditions were attached, the gift is valid by virtue of possession and the conditions fall away and will have no effect.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 07
- PDF page
- 7
Appears under THE FOOD OF HARAAM EARNINGS (approximate).