ANCESETORAL PROPERTY DIVISION

Dear Asgari,

It is not clear from your query whether you are governed by which Personal Law.  Becuase rights of disposing property has many dimensions under different personal laws and also from the aspect of how one aquired the same.  Self acquired property may be disposed at will by means of gift, will etc. Ancestral property disposal shall be considered in more detail and piecemeal answers to such questions can often be incomplete, misleading and useless.

Hence consult a  proved legal practicitoner or give complete details.

Dear ,

thanks for reply.

you have raised some points. and the answers are :

governed by hich Personal Law ? :- muslip personal law

the property is self acquired by mother and in her name

now she is aged and want to give by way of git some part to her unmarried sister and married sons

we have consulted some people who prepare sale deeds and there suggestion is that the property

is sold , but this attract stamp paper and other registration charges ....

I am looking for some other way which is legal

asgari

 

Dear Asgari,

Muslim personal law is one of the most intricate and complex personal laws that are administered in India partly because of its adherence to shariat and partly becuase of the interpretations given to it by jurists, religious men etc.

To answer your question:

A Mohammedan is not free to alienate property whether it is ancestral or self acquired and the Mohammedan law places certain impediments on such powers.  For eg. A muslim cannot testate by will his property to his Koranic Heirs without their express approval. The relatives you have quoted are undoubtedly Koranic Heirs to whom certain share of property is earmarked for in intestate succession. A muslim can however can transfer through bequeth property not exceeding 1/3rd of the whole to an outsider.

To circumvent theser impediments Muslims are using "Hiba" literally meaning oral gift to transfer their self acquired property to their near and dear.  Hiba originally did not require any registration as the name itself suggests.  However keeping in view the obstacles created through disputes and to obviate further complications registration of such "Hiba" has become inevitable.

Hiba is taxed in some states on par with Registration and Stamp duties for ordinary gifts.

Self acquired property of a Muslim can be sold there being no impediment under the personal law in my humble opinion. However such sales can be reviewed in a Court of Law not for their incosistency with the law of inheritence but its intention todefraud creditors or to waive the responsibility of maintenance etc.

Hope I answered your question with my limited knowledge of your query pertaining to many intricacies.

dear all we have ancestors property (land)and my grandfather is alive he has sell off atleast 50% of that property and spend upon himself and his two sons (my uncles). we are living separate he has not giving a single rupee .can i stop him to sell more land as he is trying to give remaining property to my uncles which is quite injustice with us.