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Question:  A few days before  his demise, a father said: "I am giving my commercial property to my youngest son." (The boy was 7 years old). Is boy the owner of the property or will it be distributed with the rest of the estate?

Answer: The boy is the owner of the commercial property; it will not be part of the rest of the estate. 

Normally, it is important, to take possession in order to establish ownership, when a gift is given. However, in this case, the boy, being a minor, his father acted on his behalf. Since the property was already in the possession of the father, there was no need for possession to be taken.


ولو نحل ابنه الصغير شيئا جاز ويصير قابضا له مع العقد ( بدايع ج6 ص 127)


AND ALLAH KNOWS BEST

Yusuf Moosagie