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Doubt Regarding Hiba And Wasiat
Assalamu Alaikum.
According to Ghamidi Sahib’s viewpoint, is registration of property in the children’s names sufficient to complete a valid hiba (lifetime gift), or is qabza (physical or constructive possession) also necessary?
My grandfather purchased land in 1983 with his own money specifically for my father and his two elder brothers. The land was registered in their names while my grandfather was alive. However, the family continued living together in one household. My grandfather lived until 1993, and the land was not separately divided among my father and his brothers until 2009.
At that time, the household included the sons, an unmarried daughter, and another daughter who had been sent back from her marital home and was living with the family. During my grandfather’s lifetime, my father, his brothers, and sisters used to farm on the land. My father and his brothers also won a court case against another party concerning the land.
In these circumstances, would the registration in my father’s and his brothers’ names in 1983, along with their farming activities and the court case they won, be sufficient to establish that qabza (possession and control) had transferred to them during my grandfather’s lifetime? Or was separate physical possession or division of the land necessary for the hiba to be valid, especially since the family continued living together?
Additionally, if the property was registered in the sons’ names while my grandfather was alive, would this generally be considered a lifetime gift (hiba) or a wasiyat (will) according to Ghamidi Sahib’s understanding? Does the registration in the sons’ names in 1983, ten years before my grandfather’s death, support the conclusion that it was a lifetime gift rather than a will?
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Doubt Regarding Hiba And Wasiat
updated 1 week, 6 days ago
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My father and uncles also have the property documents and papers bearing their names.
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