A case of gift

Question

Question: Hafiz ʿAli had 82.81 acres of revenue-paying land. He had no children; he raised a boy and during his lifetime gifted 1/2 share of the property; its date is 9 November 1916. His wife was alive. A daughter was born to this boy, and Hafiz ʿAli’s wife married this girl to her own brother Haydar ʿAli and on 21 March 1933 gifted 1/8 share of the property, but this girl died in 1936. Now only 1/2 share remains with the respected Hafiz’s wife. This deceased girl had two minor daughters.

Answer

If Munawwar Begum, while in health, gifted the land to the minor girls in the Sharʿi manner and handed it over into the possession (qabd) of their father ʿAbbas in his capacity as guardian, then that land has become the girls’. Now calling it his own land and not giving it to the girls is not permissible.

Source: Fatawa Mahmudiyya

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