Does the father's continued receipt of rent for the upper floor after gifting the entire villa to the mother affect the validity of the gift?
If the father gifted the property to the mother and she took possession of it during his lifetime, then the gift is valid and effective. The father's collection of rent for the upper floor does not affect its validity. However, if the property was registered in the mother's name on the basis that she would take possession of it after his death, and she did not take possession during his lifetime, then it is a bequest to an heir, which is not enforceable unless the other heirs agree. It is also possible that the gift was for the land of the villa only, without the building, which would explain the father's continued collection of rent for the upper floor.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 143974
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy