Can a Man with Parkinson’s Gift His House and Car to His Wife?

Answered by Mawlana Ilyas Patel

Question

Can a man in his 70s with Parkinson’s gift his house and car to his wife, or is this considered depriving his heirs of their rights?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

A person with Parkinson’s disease can give gifts during their lifetime as long as a medical professional deems their mental capacity adequate and the transfer of ownership occurs fully. Typically, the main assets they may leave for their family are a house and a car. If their children are married, it is acceptable to gift these assets to their spouses, particularly if this will help provide financial stability after their passing.

Possession Is a Condition in Gift-Giving

Gift-giving (hiba) is a means of transfer of ownership, and it is complete when possession is transferred. [Maydani, al-Lubab Fi Sharh al-Kitab]

Due to the sensitivity of this situation, I would advise you to consult and sit with local scholars – people who are reliable, pious, and wise and understand family and community dynamics.

I would like you to go through the valuable answers and links below. In sha’ Allah, you will receive guidance and direction.

Related

• Estate Division and the Sunna of Equal Treatment of Children in Gift Giving – SeekersGuidance
• Transferring Property to Children in One’s Lifetime – SeekersGuidance
• Inheritance Questions Following Father’s Death – SeekersGuidance
• Who Owns the House If My Parents Paid the Major Amount? (seekersguidance.org)
• Can I Write My Will So That My Estate Passes First to My Wife and Then to My Children When She Dies? – SeekersGuidance
• Transferring Property to Children in One’s Lifetime – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum or the Youth Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.