Muslim law property shares
Mohd Maqsood
(Querist) 21 October 2015
This query is : Resolved
Sir,
A person (Muslim) died leaving behind his wife, 4 sons and 5 daughters , he had 30 acres land , now the 30 acres land is on his wife name, can a wife transfer 30 acres to his elder son thru gift deed , because elder son had performed marriage of 5 daughter and set up business for brother with his hard earn money , now mother want to give all 30 acres to elder son thru gift deed,
whether any of sister or brother can object or challanege he gift deed for their shares , it is valid or they also get shares plz advice
M.Sheik Mohammed Ali
(Expert) 22 October 2015
As per Muslim law, no one interfere the shares, the woman having power to give any one.
Anirudh
(Expert) 22 October 2015
You say that the Muslim male had 30 acres of land.
First you have to say, how the property came to be recorded as the property in the name of his wife/widow?
Without knowing this, it is not possible to give any answer to your query.
Rajendra K Goyal
(Expert) 22 October 2015
Author,
The question from expert Anirudh need to be replied for any advice.
P. Venu
(Expert) 22 October 2015
Yes, how that the husband's land is in the name of the mother?
Anyhow, she can gift the whole land if she has title to the entire property.
Anupam Lahiri
(Expert) 23 October 2015
The answer to the query would depend on the actual title to the 30 acre of land. Before giving any advice, it is very much required to get the detailed history of the land in question.
The main issue as to one's right to gift under Mohammedan Law is very clear. If the person is the owner of the land, then he can make a valid gift to anybody provided it is not a gift in contemplation of death.
This the answer would depend precisely on the title to the land.
K.S.Srinivas
(Expert) 23 October 2015
How your mother acquired that property? Whether she got from her husband or from her parents or self acquired property?
ABDUL RAZIQUE
(Expert) 23 October 2015
Dear Author
in your question you write that " A person (Muslim) died leaving behind his wife, 4 sons and 5 daughters , he had 30 acres land , now the 30 acres land is on his wife name, can a wife transfer 30 acres to his elder son thru gift deed" , THERE ARE TWO VIEWS
1. If the title owner is deceased person than all the children have right in the title of deceased father along with deceased wife share and the mother has right to gift her share to any of her child.
2. If the title owner is wife of deceased person than (the mother) has right to gift her properties to anyone of her child.
It is my personnel advise that at the time of making a gift deed add all the sons and daughters as a confirming parties to save future litigation and in the gift deed this clause must be added that the DONEE must be care and bare maintain all expenses till the life of mother.
Anupam Lahiri
(Expert) 23 October 2015
Dear Abdul Ji, In the process suggested by you has some procedural aspect. Assuming that the property belonged to the deceased, then it should devolve as per the school of law to which the deceased belonged. In all possibility, the widow along with all the sons and daughters are the heir to it.
In such circumstance if gift is made making all the persons as a confirmatory party, then litigation may arise in latter stage as to the exact share of the gifted property.
So it is better to always have a search of the proper title of the property
Dr J C Vashista
(Expert) 24 October 2015
We are still on permutation and combination but the author is maintaing silence for the vital question raised by expert Mr. Anirudh.
Before forming an opinon it is a must to know who is the "titleholder" of 30 acres of land vis-a-vis mode of acquisition of title by wife of deceased person.
Mohd Maqsood
(Querist) 26 October 2015
First of all I thanks to all the members for sharing views on my issue,
A male person(Husband)died, he transfer his 30 acres land orally before two witness to his wife, now title owner is wife , In pahani it is showing wife name as owner as on date, she want to transfer to his elder son, who is taking care of her.
whether there will be any issue with other sons and daughter when mother doing gift deed to only one elder son.
P. Venu
(Expert) 26 October 2015
The question is whether the oral transfer to to the wife constituted a Hiba in its essentials. If so, she has absolute title to the property and she can deal with the property in any manner at her discretion other than make a Will for more than one-third of the property.
