Gifting my property to my grand childen

MOHAMED FIROZ (Querist) 16 February 2025 This query is : Resolved
Can I gift my self acquired house property to my minor grand children appointing my daughter - in - law as the guardian instead of my son . Can I appoint anybody else from my family ties to be the guardian ? Can I appoint myself or my wife or my brother as the guardian ? what will happen if the the guardian dies ?

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You can gift your self-acquired property to your minor grandchildren by executing a registered gift deed. The mother of the children, or even yourself, can be appointed as the guardian. Under Muslim Law, this is known as 'Hiba' and has specific requirements, including acceptance by the guardian. If the appointed guardian dies, the court will appoint an executor. While such gifts are generally permissible, they can be challenged under certain circumstances, such as coercion or lack of proper possession.

kavksatyanarayana (Expert) 16 February 2025
You can gift the property to your minor grandson appointing your daughter-in-law as guardian. The court will appoint an executor if the guardian dies.

T. Kalaiselvan, Advocate (Expert) 16 February 2025
You can transfer your property to your grandchildren by executing a registered gift deed under the provisions of transfer of property act also.
The mother of the minor children or even the donor cabne be the guardian to the minor children for this purpose.

Advocate Bhartesh goyal (Expert) 16 February 2025
Yes, you can transfer your self acquired property to your minor grand children by registered gift deed which can be accepted by their natural mother.

P. Venu (Expert) 17 February 2025
Under Muslim Law, it is not necessary that a Gift (Hiba) be registered.

Dr. J C Vashista (Expert) 18 February 2025
I agree with the opinion and advise of learned experts, you can gift the property in the concept of Hiba.
Under Islamic law, the voluntary transfer of property from one person to another without payment or any consideration is referred to as Hiba. Hiba is a lawful and accepted method of gifting in Islamic law and can be done either while one is still alive or through a will (Hiba bil Wasaya) to take effect after death. Hiba is subject to a number of requirements and limitations, including the need for legal ability, recipient acceptance, and respect to fairness and equitable standards. Although it can be cancelled in certain situations, once the gift is given, the receiver becomes the only owner.

Sudhir Kumar, Advocate (Expert) 19 February 2025
gifting property to children in law (ignoring sons and daughters and their spouses) is prima facie a foolishness and lack of foresight.

Anyway, it is allowed by law. It can be gifted subject to other restrictions in succession laws of Muslims (slight different in Shia and Sunni)

A Muslim "Hiba" (gift) can be challenged in several ways, primarily if the donor was coerced, lacked mental capacity at the time of the gift, if the donee did not receive proper possession of the property, or if the gift was made under undue influence, leaving the donor in financial hardship, or if the donee significantly mistreated the donor; in all cases, proper legal advice is crucial before attempting to challenge a Hiba

T. Kalaiselvan, Advocate (Expert) 15 June 2025
Under Muslim law, a gift (Hiba) to a minor can be challenged, but the grounds for challenge are specific. While a gift to a minor is generally valid if accepted by their guardian, it can be challenged if the guardian's acceptance is deemed improper or if other conditions for a valid gift are not met. Furthermore, certain situations, like fraud or coercion, can also lead to the revocation of a hiba, even after delivery of possession. If the donee is a minor, their guardian can accept the gift on their behalf. However, if the guardian's acceptance is not genuine or is done under duress, it can be challenged. For example, if the minor's mother, who is also the guardian, is shown to have acted under coercion or undue influence, the gift could be challenged,

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