Q. My late sister had gifted her flat to my nephew ten years ago. My nephew has been staying in the flat since the last ten years. Does the flat form part of my sister’s estate or does it belong to my nephew. Keep in mind that the transfer of the flat to my nephews name only took place after my sister passed away?
A. You stated that your sister had already gifted the flat to your nephew ten years ago. If this is the case, then the ownership had already transferred to your nephew at that time. The ‘transferal of the flat’ to your nephews name after your sister passed away will not affect the ownership of your nephew. (Badaai-us-Sanaai’ 7/223)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa