Muslim law of inheritence of property
Rahul Lahiri
(Querist) 23 July 2013
This query is : Resolved
Dear All experts, this is in relation to the Muslim Law of Inheritance of family property, wherein among 3 sons , father during his lifetime, has distributed property among two sons and has deprived the third one, who is my present client. The two brother's got the immovable property registered and mutated in their name and at that time my client has given his no-objection under goodfaith. Now the brothers are not allowing my client and his family to enter into the premises. They are verbally asking him to construct a house on their land, but they will not give anything in writing. Is there any legal remedy for my client. Kindly help me to advice.
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Father can gift the property to anyone. Your client has no legal remedy regarding this. He should not construct a house on the land belonging to brothers because later he will not get any right in the land and lose all money too.
Raj Kumar Makkad
(Expert) 23 July 2013
Father cannot gift more than 1/3 share without obtaining NOC of any person but your client provided him NOC so there is no case in his favour now to agitate.
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
With due respect to Mr.Makkad jii, i want to submit that father can gift entire property without any NOC of any family members.
1/3 limit applies only in the case of a will.
prabhakar singh
(Expert) 24 July 2013
The right to make HIBA is absolute in muslim law for which no kind of consent is required
from any body whosoever.
But power to make a WILL by muslim is not absolute but just 1/3 rd and it is here that
for excess CONSENT of QURANIC heirs is required.
One thing more a HIBA made on deathbed gets same treatment as gets the will.
In the instant case it is not clear what was executed but it is very much clear that it was a registered deed followed by NOC from one son who is client of querist and being ORALLY offered to raise constructions on land whose title vests in his two brothers by a registered deed from their father.
IN MY OPINION YOUR CLIENT SHOULD NOT RAISE
ANY CONSTRUCTION ON LAND VESTING IN HIS BROTHERS UNLESS THEY AGREE TO PASS ON THE TITLE IN HIS FAVOR BY A REGISTERED DEED.
Rahul Lahiri
(Querist) 24 July 2013
Sir, the total land of the father of my client was divided into different parts and the two brothers of my client are in possession of the better portions of it. Now, is it possible for my client to claim the undemarkated portion of his father's land. Also my client is in possession of appropriate documents showing that he financially contributed to his brothers to construct their own house- building.
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
grab what you get from your father. You dont have any right to demand anything from his property.
