Question

My name is g. Sherajulhuq I am from kurnool Andhra Pradesh my father name is g. Anwar basha his elder brother name is g. Abdul huq as g. Abdul huq had no child so in the year 1992 he has adopted me and g. Abdul huq in the year 2016 he has given me hiba of his share which is on his name and also the share which he gets from the property which is on his parents name and he has given me symbolic possession of the property in the year 2016 only I want to know from you that the hiba which is given to me is valid according to hiba bil musha please do update me soon

Answer 1

Ref. No. 2667/45-4126

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

The properties which are in the possession of Abdul-Haq and registered on his name, can be given to the person he gifted. But gifting of one’s own share in the properties which have many partners is not valid. So the properties must be divided before gifting takes place.

وشرائط صحتہا في الموہوب أن یکون مقبوضاً غیر مشاع غیر مشغول‘‘ (در مختار: ج ٨،ص: ٩٨٤،زکریادیوبند)

وقید المشاع بما لم یقسم لأن ہبۃ المشاع الذی تمکن قسمتہ لا یصح‘‘ (البحر الرائق: ج ٧،ص: ٦٨٤،زکریادیوبند)

 

And Allah knows best

 

Darul Ifta

Darul Uloom Waqf Deoband