Gifting a house after demise
Question
Please help…My father wishes to gift his house to my mother after his death? Is this correct Can this be done?
He does not want his children to receive the house after his death, as my mother will not have a house to live in. He wants to provide a shelter for my mother after his death.
Answer
It is incorrect for your father to gift his house to your mother after his demise.
Alternatively, your father may gift his house to your mother in his lifetime.
In this way, the house will forthwith belong to your mother and will not form part of your father’s estate after his demise. When your mother passes away, the house will form part of her estate and will be distributed amongst her rightful heirs.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Ismaeel Bassa
- Checked by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.