The Majlis Archive

General Fiqh The Majlis Vol 28 No 06, p.3

Some Years ago whilst formulating a gift agreement of a house from a father (in his sound and healthy state) to his 3 daughters to be shared equally,

Question

Some Years ago whilst formulating a gift agreement of a house from a father (in his sound and healthy state) to his 3 daughters to be shared equally, I did not stipulate that he should ear mark or demarcate the portion of the home which each of his daughters would own. The fuqaha state that Hibat ul Musha is not Saheeh so where does that place the agreement we wrote and signed and was understood by each one then? Does it stand and how can we correct it if it is problematic? The father and all his daughters are still alive.

Answer

While the father is alive, the portions in the house should be demarcated. This will eliminate any future dispute/problem. The Hibah (Gift) will be rectified by the demarcation.

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The Majlis Vol 28 No 06
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