zanadine (none) 15 August 2010

gifting my anscestral property to one of my son MUSLIM LAW

Hello,

I am a father of three sons, I have gifted a property which i have inherited from my father (ancestral property) almost 10 years ago, via registered gift deed out of love and affection.

I do not regret this decision and I love this son very much due to his love for me and sacrifices he made for me.

the other two sons have been raising objections and have told me that i cannot do this (gifting my ancestral property). I have said according to the Muslim law, I can do this. the property belongs to me, and its my decision. The lawyer at that time said i are free to do this in the Sharya law.

I want to ask, As per Muslim law, the property which i own (which happened to be inherited from my father) can it be gifted. Because my other two sons have been verbally accusing that the gift deed maybe not legitimate. They want me to find out again.

Please reply,

Avaceena Firdowsy

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1 Replies

P.K.Haridasan (Advocate) 21 August 2010

Dear zanadine

In Mohammedan law there is no difference between the ancentral property or self earned property. You can gift your property as you wish. But certain conditions are stipulated. You should not gift your entire property.The gift must take place a t once. Possession must be handed over immediately. Gift must be attested by witnesses. The sons and daugthers are entitled to get their shares as per shariat law only after the death of the person not before that .