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The question

Is it permissible for a husband to gift his wife the entire house, or part of it, while it is mortgaged to the company where the husband works, knowing that he has heirs? And do the heirs have the right to claim inheritance in the house after the husband's death? And what is the method for documenting the gift contract?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

An heir has the right to claim their share of the inheritance. If the inheritance is real estate, it is divided if it is divisible; otherwise, it is sold and its price is divided.

A husband's gift to his wife is permissible if he is competent to dispose of property and does not intend to deprive the heirs. However, scholars differ on the validity of gifting a residential house. A valid gift requires actual transfer of ownership.

Gifting a mortgaged house is not permissible except with the permission of the mortgagee or by settling the debt. The wife's right to residence can be secured by gifting the usufruct of the house (its benefits) without its principal (the ownership itself), which is known as Umra (life tenancy). As for official procedures, specialists should be consulted regarding them.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
114426
Imported
Translation status
Source text, unreviewed
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