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Marsh (No)     12 January 2014

Mother giving property to one son only (muslim)

Muslim mother got a property which is self acquired by her. She want to give this property to only one son. There are other siblings which will be excluded. They are Muslims. mother is still alive.  What is procedure and how to prevent other siblings from claiming that property in future? What is the best idea to transfer this property into one son?

I will be grateful for your advice. Thank you..


 5 Replies

Mohammed Sajid Khan (Advocate)     12 January 2014

Go for Either registered Gift or sale Deed.

Marsh (No)     12 January 2014

Thanks very much I would like to ask about Gift Deed still any sibling can challenge in the future? Or do I need No Objection certificate from all sibling?

Mohammed Sajid Khan (Advocate)     13 January 2014

NOC not required. None can challenge, if it is registered and take possesion as well.

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

A Hiba or gift has been defined under the Mahomedan Law as a transfer of property made immediately and without consideration by one person to another and accepted by or on behalf of the latter.
There are three essentials of a valid gift under The Mahomedan Law: 1)Declaration of gift by the donor; 2) Acceptance of the gift by the donee,either express or implied; and 3) Delivery of possession of he property by the Donor to the donee, either actively or even constructively.
According to Section 123 of TP Act, 1882, a gift of immovable property must be effected by registered instrument signed by the donor and attested by atleast two witnesses. The said section does not apply to Mahomedan Law of gift. The Mahomedans in India, therefore, are not governed by the TP Act in the matter of formalities of gifts. Regarding formalities writing is not necessary to complete a Mahomedan gift and formalities prescribed under the TP Act are not essential. If there is no delivery of possession, the gift is invalid, even if it is registered.
A gift orally made is valid provided all the three essential requisites of a valid gift are satisfied. It is open to the Mahomedan sisters to relinquish their rights by way of gift, even oral, which is valid in Muslim Personal law.

Sudhir Kumar, Advocate (Advocate)     07 April 2014

It is WILL only which may depend on NOC of siblings in case of muslim.  The experts above have advised Hiba/Gift in her lifetime.

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