ATRM
1
A husband purchased several lands and partnership shares of a firm using his own earnings. He legally registered all these assets in his wife's name during her lifetime. His intention for this registration was to ensure her financial security in case he passed away before her.
However, the wife passed away while the husband is still alive. The husband now claims that since his specific intention (providing security after his death) can no longer be fulfilled, the gift is void, and he should be the sole owner of all those properties.
The Heirs: The deceased woman is survived by:
Her husband
Two sons
Two daughters
Our Queries:
Under Shariah (Hanafi Fiqh), once a husband gifts a property to his wife and completes the legal transfer, does it become her absolute property (Milk)?
Is the husband's claim valid that the property should revert to him entirely because his "intention" was not met?
Since the wife has passed away, how should these properties (now part of her estate) be distributed among the heirs mentioned above?
Kindly provide a detailed ruling as this is an urgent matter causing disputes within the family.
