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The question

Is it permissible to register a house in my name, which my deceased paternal uncle gifted to me, with the testimony of his wife and some neighbors and relatives, despite there being no document proving his gift, or has the house become an inheritance that must be divided among the heirs?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A person is permitted to donate whatever they wish from their wealth during their health and lifetime. If the uncle donated the house and it was taken possession of ( قبضت) before his death, then the house belongs to the donee, and the heirs have no right to dispute him over it. However, if the gift was not taken possession of before the donor's death, the house reverts to the estate, based on the of Aisha (may Allah be pleased with her), in which Abu Bakr gifted her twenty wasqs of dried dates from his wealth. When he fell ill, he said: "O my daughter, I had gifted you twenty wasqs of dried dates. Had you acquired it or taken possession of it, it would have been yours. But today it is the property of the heirs, so divide it according to the Book of Allah." Possession or acquisition means that the donee takes control of the donated item and the donor relinquishes his claim over it. The legal guardian takes possession on behalf of a minor or an incompetent person. If this occurs before the donor's death, then the donee has become the owner of the house; otherwise, the house reverts to the inheritance.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
80382
Imported
Translation status
Source text, unreviewed
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