Compensation and right on property

anwer (Querist) 02 November 2017 This query is : Resolved
we are Muslim family from Mumbai . My sister is living with me since 10 yrs with her 2 sons (16 and 22 yrs ) in abroad after separated from her husband and their family .she didn't divorced legally from him.she living separate bcs her husband told cant look after her and kids and she working here in abroad and looking after their studies and lively hood.recently her husband got second marriage with another lady and living Mumbai. my sisters father in law have properties in Mumbai but nothing given to his children . As of this no properties in the name of my brother in law. below are my queries
1. Now her father in law have some soft corner on my sister and kids and ready to give a property in kids and her name. How can we make a valued document for that?. as a GIFT or will?
2. How can we file a case on her husband for remuneration for her and kids .

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Susmita (Expert) 02 November 2017
So far as the properties are concerned, if your sister's father is ready to give properties, tell him to Gift away the property in their name by delivering possession of the said property to the children. In Muslim Law, documents registration is not required but Delivery of possession is required.
So far maintenance is concerned the children can claim maintenance is concerned only 16 years child can claim maintenance.

Rajendra K Goyal (Expert) 02 November 2017
Father in law should execute a HIBA (gift) if favor of your sister.

She can claim maintenance from her husband. Discuss with local lawyer.

Guest (Expert) 02 November 2017
Agree with Mr RK Goyal

Message likes : 1 times

Kumar Doab (Expert) 02 November 2017
It is mandatory to probate the WILL in areas of Bombay, Madras, Calcutta.
If WILL is the choice; preferably register the WILL.
The WILL can be contested.
The Sect/Sub-sect to which you belong may have some limitation on share of property that can be disposed by WILL etc say; 1/3rd.
Keep these in mind.
If Gift is the choice; preferably register the deed and take possession.

Kumar Doab (Expert) 02 November 2017
The FIL is willing so there is NO benefit in delaying.

Local counsels well versed with personal law that applies in your case and such matters can advise you and draft the deeds………

The senior deedwriter that are experienced may also help you.

P. Venu (Expert) 03 November 2017
Yes, the gift (HIBA) could be made and requires no registration. And maintenance for the sister and children could be secured through orders from the competent caourt.

Kumar Doab (Expert) 04 November 2017
Your own insights and knowledge of facts and intentions of one and all that are involved in the matter shall help you to decide the approach and preferences.
Generically speaking: The deed duly registered must be preferred in such matters. The conditional deeds (conditions in deeds) should be avoided.
One can even think of disposing the estate immediately after having accepted the gift.

Kumar Doab (Expert) 04 November 2017
Probably the FIL wants to settle the matter and avoid confrontations in his life time.
You and your sister can weigh other perspectives also and liberate from such relationship that is nothing other than a burden and settle own in life.
It is entirely your choice how you would like to handle the matter.

anwer (Querist) 05 November 2017
Hi all.. thank you so much for all your valuable advices. Just want to add one thing. FIL is planning to give the resturent which is running by my sister's husband. It's FILs property. Since long her husband is running that . Is it good idea to take from him? And there is a ongoing civil case on that property with the previous owner which whom it belongs very bfr.

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