🌍 Children, inheritance & global · #158

My father once said the house was given to me as a gift (hibah), but he did not get to change the name on it. Is the hibah valid?

It depends on whether the hibah was complete, that is, whether the house was truly handed over to you while your father was alive. In the Syafi'i school, a hibah is only complete with handover, not just with words. Handover can be proved in ways other than a change of name, for example you were given the keys and title, lived there as the owner, or paid its taxes. If no handover took place, the house usually goes back to being part of the estate. Do not claim it privately from your siblings. Gather evidence and witnesses, then apply for confirmation of the hibah at the Syariah Court, which will assess the actual circumstances. See syariah Court procedure.

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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