Giving one’s mother money to build a house and then claiming a right in it

Question

Question: There is a house which is in Hinda’s name. Hinda has three sons and two daughters. After Hinda’s death her eldest son says: “I am the owner of half of the house, because in connection with the house I gave half of the money to my mother.” And the situation is that the deed of sale of the house is in Hinda’s own name. Now, if he did give Hinda half of the money, did that money become a gift (hiba) or not? For some scholars have declared it to be a gift.

Answer

Since the eldest son gave the money to his mother and did not say that it was a loan (qard) which he would take back, that money will be counted as a gift. Now the eldest son has no entitlement whatsoever in this house on account of that money.

Source: Fatawa Mahmudiyya

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