One co-owner benefiting from a shared house

Question

Question: A certain Abdullah built a house in 1901 in which he himself and his three sons — Zayd, Umar and Bakr — lived. Inside the house a plot of land lay vacant, which Abdullah’s eldest son, with his father’s permission and without anyone else’s participation, built up with his own money. During his lifetime Abdullah divided the house into three parts, but gave Zayd a somewhat larger part because he had more children, and all three gladly accepted this.

Answer

If Abdullah gifted (hiba) this house to the three sons in such a way that he set apart each one’s share separately, gave each of them possession (qabd) and withdrew his own possession, then the gift became complete and effective, and the ownership of each of the three over his own share was established.

Source: Fatawa Mahmudiyya

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