Property Dispute:

A husband (Party A) gifted his two properties out of kindness/love to his wife (Party B) in 1976 and got the gift registered in honorary court to make it official. The wife executed a power of attorney (in her husband’s name) so that he could manage the properties. The wife never got the property transferred into her own name and relied on the registered gift and power of attorney as the evidence of her ownership. In 1985, the husband divorced the wife and left the house. He wrote a signed letter to her re-confirming the gift and giving the custody of their only two daughters to his wife. In 1987, when (Party B) decided to marry a relative of (Party A), (Party A) forcefully removed (Party B) from the house and the kids were taken as well. (Party B) never took any legal action as (Party A) used the property for himself and also took the responsibility of their daughters’ upbringing. Since then, Party A has been in possession of the two gifted properties.

Almost 22 years after executing the gift and using the property on the basis of “Power of Attorney,”‌ in 1998, (Party A) filed a lawsuit against (Party B) claiming his gift was a sham. After almost nine years of court cases, in 2006, the Supreme Court ruled in favor of (Party B) and termed the claim of (Party A) invalid. (Party A) disregarding the Supreme Court’s judgment, claiming that according to the Shari`ah (Islamic law), (Party B) is not the owner of the gifted properties, as the gifted properties were never transferred in the (Party B)’s name, nor did (Party B) ever take full possession of the properties.

According to the Quran and Sunnah, which party is the rightful owner of the two properties?

If the Supreme Court took nine years to judge, do you expect a scholar to judge based on a question composed of just a few words and from only one of the two disputing parties?