Power of Attorney: Misuse of Power of Attorney and Ownership of Property Purchased for a Minor
Practical Laws of Islam as per the teachings of Imam Khamenei
Power of Attorney: Misuse of Power of Attorney and Ownership of Property Purchased for a Minor
English:
Question #1799:
A person appointed his wife as his attorney to sell some land and some buildings he owned and to buy with the sale proceeds a residential flat for their minor son. However, making use of [abusing] the power of attorney, she was given by her husband, she registered the property in her own name. Is she right in what she has done? After the death of her husband, would the flat belong to the boy or would it be shared among the inheritors?
Answer #1799:
The actions pertaining to selling the land and some buildings, which she took according to the power of attorney given to her by her husband, are both valid and enforceable. Registering the flat in her name per se has no shar‘ī consequences, in that if she had bought it with the money of the principal, during his lifetime, for his young son in accordance with the power of attorney, the purchase is both correct and enforceable.
Therefore, the flat is his alone.
If she had bought the flat for herself, during the lifetime of her husband, or it was bought for the son after the death of his father, the buying is fuḍūlī.
In the first case, permission of the heirs after the death of the father is not effective because they were not the owners at the time of purchase.
In the second case, should any of the heirs permit the purchase, the transaction would be correct in proportion to the share of person who permitted for her/her son respectively.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Power of Attorney