marz ul maut

Querist : Anonymous (Querist) 22 March 2011 This query is : Resolved

Sir,

Can a gift deed executed by a muslim woman and registered, be attacked on the ground of marz ul maut?

A line in reply with citations, if any, would be highly appreciated.

Regards,

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A V Vishal (Expert) 22 March 2011
General rule is that a donors right to gift is unrestricted. In Ranee Khajoorunissa vs Mst Roushan Jahan 1876, it was recognized by the privy council that a donor may gift all or any portion of his property even if it adversely affects the expectant heirs. However, there is one exception that the right of gift of a person on death bed (Marz ul maut) is restricted in following ways - He cannot gift more than one third of his property and he cannot gift it to any of his heirs.

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