Can father write one flat to one of his sons during his lifetime without consent from other legal heirs? The family follows muslim sunni law?
Shakeel (FM) 21 August 2012
Can father write one flat to one of his sons during his lifetime without consent from other legal heirs? The family follows muslim sunni law?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 August 2012
Under Islamic Shariat Law, during his lifetime the father is sole master of his property and can give it to one son or even a stranger to the exclusion of his legal heirs. There is no concept of joint family property or coparcenory property. In his lifetime he can do anything. However his right to give property away after death by will is limited to 1/3rd (without consent of heirs)
Regards,
Advocate Bharat Chugh
Delhi High Court
Supreme Court of India
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