Taking Possession Of A Gift

QUESTION:

A few years ago, with my grandfather’s approval, my uncle took the responsibility of handling my grandfather’s financial matters. At that time, although my grandfather was 100% mentally well, physically he was disabled and needed a carer. My mother (his daughter) took on this responsibility. My uncle gifted my father my grandfather’s car in lieu of recompense for taking care of him. Now my grandfather has dementia and isn’t in a state to make decisions, so it’s not possible to ask his approval of this gift. Was this “gifting” of the car correct? My father has since passed away. Will the car become part of my father’s estate, or does it still belong to my grandfather?

ANSWER:

If the father took possession of the car, then the car will belong to him and not the grandfather. As such, the car will form part of the father’s estate.

وتتم الهبة بالقبض الكامل (الدر المختار و حاشية ابن عابدين 5/690)
لأن معنى القبض هو التمكين والتخلي وارتفاع الموانع عرفا وعادة حقيقة (بدائع الصنائع في ترتيب الشرائع 5/148)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 21 Dhul Hijjah / 8 June 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb