Validity of a gift given with the owner's consent

· 16 Muharram 1448 AH1 min readEnglish

Question

I have a question regarding a matter of giving on behalf of someone….it’s kind off detailed…

Few years ago, my uncle took the responsibility of dealing with my grandfathers financial matters - with my grandfathers approval. At that time my grandfather was 100% mentally well but physically he was disabled and needed to live with someone to look after him. My mother (my grandfathers daughter) took that responsibility.

My uncle gave my father my grandfathers car as a gift (gift or kindoff payment for looking after my grandfather). Was this gifting valid?

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. My father has passed away since then, so will the car be part of my father’s estate or is it still belonging to my grandfather?

Answer

If your grandfather approved of the gifting at that time, then it was valid. Hence, the car will form part of your deceased father's estate.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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