A man says to his son or wife: 'You are the owner of this house'.

Answer

A hibah (gift) is valid only if possession of the gifted asset is given to the person. According to the Shariah if a man wants to make a gift of his house to a person, then it is incumbent that he removes all his belongings from the house and hands over the empty house to the son/wife. He may not retain control of the gifted house.

After the gift, the son has the full right to dispose of the house by sale, gift, etc. The same applies to the wife. If a man wants to make a gift of the house to his wife, he should adopt one of the following two options:

1) Remove all his assets from the house, then declare to the wife that he has given her this property. Afterwards he can ask her permission to return his goods which will be in her custody. 2) He may make a gift of the house and of all the contents simultaneously.

The gift must be real. All effects of ownership become applicable. If the wife decides to sell the property, the husband will not be able to legally prevent her from so doing once he has given her the house.