Muslim law
Mohamed Ali
(Querist) 29 September 2013
This query is : Resolved
Our grandmother XYZ is inheriting some property from her mother ABC, She is entitle for 1/3 rd share in her mothers property, But the issue here is the property in question is still in pendency in Final decree proceedings.which was decreed in 1960 in which our great grandmother is entitle for 1/17th share, further in 1/17th share our grandmother XYZ is entitle for 1/3 rd share.
Grandmother XYZ had 2 sons
In meanwhile her eldest is expired recently, now She wants to make a will that properties inherited by her which are pending in Suit No FDP /123.. msut be equally divided among her surviving son and her grandchildrens.
The question here is the properties are not yet in physical possession of our grandmother, In this case in what way can a will be made since the pending suit may go on for another 5 years and it will take time to get physical possesion of properties.
How can a grandmother reserve 1/3 rd share to her orphaned grandchildren through her son in muslim hanafi law ...
By way of bequest, How to make a bequest in this case what is the procedure...
As
3 Essential Conditions for a Valid Gift (Hiba) under Muslim Law
by Gaurav Dhiman
The essential conditions for a valid gift (Hiba) under Muslim Law are:
(I) Declaration,
(II) Acceptance, and
(III) The delivery of possession.
A Hiba is not valid unless these three essential conditions are fulfilled.
Rgrds
Ali
Dr. Jyothi Vishwanath
(Expert) 29 September 2013
She can make a will in their favour or even gift them the property. Make a will deed or gift deed to this effect.
V R SHROFF
(Expert) 29 September 2013
well advised by experts
R.K Nanda
(Expert) 29 September 2013
EXECUTE WILL OF GIFT DEED.
Raj Kumar Makkad
(Expert) 29 September 2013
This is purely an academic query and nothing can be got opined unless you post the relevant facts.
Sarvesh Kumar Sharma Advocate
(Expert) 29 September 2013
