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Suhail (Pune)     22 January 2012

Share of flat as per muslim law

We are Sunnin Muslims. My father and mother has purchased a flat joinlty from builder from their own money(in Maharashtra). My mother passwed away leaving behind 2 daughters and a son(myself). After the demise of my mother, her daughters and son became the share holders in the same flat. So, the aforesaid flat is owner joinly by husband,2 daughters and 1 son(myself). .

Question 1:

Can you please advise how much the percentage share can be allocated to each of existing shareholders ?

Question 2:

My father would like to gift all of his share in the saif flat to me. Is he allowed to GIFT all his share to me? Since Muslim law (HIBA) is not stringent about GIFT deed and it also allows the DEED to be revoked or challenged in court, do you expert suggest me to PURCHASE the flat from my father instead of taking it as GIFT?

Question 3:

One of my sister (1 daughter out of 2) would likee to sell her share to me. Can she do that without any legal hinderance?

Please advise.

 



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