Gift
taylor
(Querist) 04 March 2012
This query is : Resolved
can a muslim bequest all property by gift to non heir.
thanks in advance
Kirti Kar Tripathi
(Expert) 04 March 2012
yes, he can up to the extent of 1/3 of his property not more. The fundamental principle behind it is that a muslim can not deprive his legal heirs from their rights.
Nadeem Qureshi
(Expert) 04 March 2012
yes, the Muslims can not do this
Raj Kumar Makkad
(Expert) 04 March 2012
Only to the extent of 1/3 of his entire properties.
prabhakar singh
(Expert) 04 March 2012
Dear Mr. taylor !
you have titled the query by word GIFT but have used the word BEQUEST in the body of query.
I do not understand in what relation of the word experts have spoken.
If you meant to ask about the testamentary capacity of a muslim in making of a WILL then I agree with opinions expressed by experts that a muslim can not BEQUEST more than 1/3 rd of his property by WILL,simultaneously I need to explain that a muslim can not validly make any BEQUEST to an heir unless other heirs consent to the BEQUEST so made.
But in case of GIFT called HIBA, a muslim donor's power is unrestricted and HIBA can be made even in favor of an heir where unlike WILL no consent of other heirs would required.However this with one exception that even HIBA made at death bed would not be valid for more than 1/3rd unless consented by heirs.
made even to an heir
R.K Nanda
(Expert) 04 March 2012
No, only 1/3 of the property.
taylor
(Querist) 05 March 2012
thanks prabhakar singh
prabhakar singh
(Expert) 06 March 2012
i am obliged if information provided by me was beneficial and served your purpose.
