Gifting a land without registering the name of the giftee

Fatawa Question

My father bought much land and properties overseas during his life. One particular piece of land was bought especially for my mother and he expressed this to her and there are witnesses to his statements. She accepted the gift but did not want her name showing on the property documents as she believed her husband’s (my father’s) relations will give her and her husband a lot of grief. “He purchased land for his wife and nothing for his sisters!!” These kind of phrases were directed towards my father quiet often and my mother just wanted to avoid such situations at that particular moment. Unfortunately my father passed away shortly afterwards The confusion is that my mother is my father’s second wife. The first was divorced before the second marriage. I have a half-brother and 2 half-sisters as a result of my father’s first marriage and we are 3 brothers and 1 sister from my father’s second marriage. My question is that who is the rightful owner of this particular piece of land ?

Fatwa

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Publisher

al-Qalam Shariah Scholar Panel

Publication Date

2016-05-31

Country of Publication

United Kingdom

Main Subjects

Economics & Business Administration
Islamic Studies

Topics

• Islamic jurisprudence
• Purchasing
• Endowments
• Land

No. of Pages

1

Data Type

Fatawa

Language

English

Record ID

BIM-726488

• APA
• MLA
• AMA