Putting one’s property in the name of a daughter’s son

Question

Question: Zayd’s maternal grandfather Bakr took Zayd into his care in childhood and brought him up like his own child. Therefore Bakr wished to make Zayd alone the owner of all his property; thus he had already, during his lifetime, gifted (hiba) his property in Zayd’s name. However, owing to some negligence of his, Bakr could not carry it through legal procedure, and passed away. Therefore, legally, his rural (field) property was transferred to the name of his widow.

Answer

If, from the legal standpoint, that land was the property of the government and your husband had only the right of cultivation, and after the husband’s death it should by law go to the wife alone, and you have sold half of it to Zayd by registered sale, then that sale will be valid. If you wish to give the rest too to your grandson (Zayd), you have the right to sell it.

Source: Fatawa Mahmudiyya

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