Settlement deed in case of a Muslim
PrnBCRBant
(Querist) 23 October 2009
This query is : Resolved
Dear Sir,
I want to know whether
1) a Muslim Father can settle his property in favour of his one son, if he has got 11 other children.
2)is it best alternative to make a gift deed in favour of his one son?
whether this is valid in legally with respect to Islamic or any other law in India.
3)please specify if any condition or specific words to satisfy the law to be expressed in the deed ?
4) if this can be executed can you please forward a draft Gift deed or Settlement deed?
Khaleel Ahmed Mohammed
(Expert) 23 October 2009
Dear Prajna,
Being a Muslim father any one should not suppress the right of other children.Islam teaches every muslim to do justice with his all descendants.For that purpose executing will is not permitted in Islam.
Answer about your question of gift deed. As per Islam for gift of property execution of deed is not compulsory in writing. If it is written then only it must registered. A mohammadan can transfer his property by way of oral gift, ie., handing over of the property and taking over of the property in presence of two competent witnesses. A Mohammadan have no right to give his entire property by way of gift, he she have right of one third Property to give in gift to any one.
A Mohammadan can sell his entire property to any one, without the consent of his successors. Property may be personal property or inherited property.No successor have right to restrain him from doing so.
Raj Kumar Makkad
(Expert) 23 October 2009
Gud opinion expressed by Khaleel and I also go with the same.
Kiran Kumar
(Expert) 23 October 2009
thanks Mr. Ahmed, it added to my knowledge as well :-)
adv. rajeev ( rajoo )
(Expert) 24 October 2009
if it is ancestral property, in Mohd., law a mohd., cannot dispose of entire property, he can dispose only 1/3rd.
IF it is his self acquired property then he can dispose his property according to will and wish.
In mohd., law residuaries and sharers will come.
Oral gift is valid, which are know as hiba, ariyat.
male will get the double share of the female.
I am writing an article because it is very interesting thing to know the parition etc., in monhd. law.
