Presents and Gifts: Revoking a Gifted Property from a Minor and Transferring It to Another Child

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Revoking a Gifted Property from a Minor and Transferring It to Another Child

English:

Question #1737:

I transferred the ownership of my residential flat to my younger daughter. After I divorced her mother, I reconsidered the matter and transferred the same property to my son from a second marriage before my daughter attained the age of eighteen years. What is the ruling in this matter?

Answer #1737:

If you had given away the property to your daughter, and took possession of it on her behalf as her guardian, the gift is valid, binding, and irrevocable. Yet, if the gift deed was not really concluded, but was merely the change of the name in the title deed of the property to that of your daughter’s, this is not sufficient to conclude the gift deed and transfer the ownership to her. Indeed, the property is yours and you can do with it whatever you like.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts