Gift deed by muslim father to minor son in mumbai
Mohammad Yasin Chimaukar
(Querist) 23 July 2020
This query is : Resolved
Dear Sir, I am a Muslim aged 66 from Mumbai. I have spent heavy money on my two elder sons for abroad studies and to help them to settle in their lives. Now both have comfortable married life with kids and properties. I am a retired person aged 66 years old without any sufficient income. However both sons not helping me at all and even tried to kill me. I have a minor son also from my second wife. (First wife also with me). I am worried about his future and studies. I own a flat and a commercial shop in my name and in the registered Coop Housing Society on ownership basis. I have also a piece of land with rooms constructed on it. This all immovable properties are in Mumbai and purchased by my earnings.
Now I want to make a gift deed of entire property to my minor son aged seven years old.
I would appreciate your expert advice on following.
1-- As I am a Muslim, and Is there any restrictions or issues to execute or Muslim Personal Law will affect?
2-- Can I make three separate gift deeds or only one and the registrations are required?
3-- As Beneficiary is a minor, Can I or his mother can become legal guardian until he reaches to 18 years.
4-- As its generally irrevocable gift deed, Can we add conditions eg. Taking care of parents in Old age etc.
5-- Is this deed is acceptable to the society to transfer the name to the minor?
6-- Is there any risk in future to minor?
.
A million thanx to the €×P€rt$.
kavksatyanarayana
(Expert) 23 July 2020
As per me, You asked on six (6) points. so (1) Muslim law applies. (2) You may execute only one Gift deed for the entire property or part/parts of the property. (3) Yes. A natural guardian must be there as the donee is a minor, the acceptance on behalf of a minor can be given by the guardian of the property of the minor. (4) No. If wants to revoke, the permission of the court is a must. (5) No. But on behalf of a minor, the society may accept guardian. (6) No. However sometimes it depends on the circumstances.
Rajendra K Goyal
(Expert) 24 July 2020
You said:
1-- As I am a Muslim, and Is there any restrictions or issues to execute or Muslim Personal Law will affect?
Reply:
You can execute gift deed in his favor. Muslim Personal Law applicable.
You said:
2-- Can I make three separate gift deeds or only one and the registrations are required?
Reply:
Depend on you, it can be one or three.
You said:
3-- As Beneficiary is a minor, Can I or his mother can become legal guardian until he reaches to 18 years.
Reply:
His mother can be his guardian.
Rajendra K Goyal
(Expert) 24 July 2020
You said:
4-- As its generally irrevocable gift deed, Can we add conditions eg. Taking care of parents in Old age etc.
Reply:
Law relating to senior citizens may also be helpful in future. You can gift one or two property at present and postpone other property gift.
You said:
5-- Is this deed is acceptable to the society to transfer the name to the minor?
Reply:
Society has no concern, it is your property.
You said:
6-- Is there any risk in future to minor?
Reply:
Seems no risk, what risk you anticipate?
P. Venu
(Expert) 25 July 2020
Yes, the properties could be conveyed to the minor son through a gift deed. Conditions as to future care of the parents also could be incorporated. In the given circumstances, it is better if the gift deed is registered.
Dr J C Vashista
(Expert) 26 July 2020
There is problem or legal infirmity to execute a "gift deed" for your self-acquired property in favour of your minor son.
Dr J C Vashista
(Expert) 26 July 2020
The donee (your minor son) shall have to accept the "gift " under guardianship of natural guardian (which may be his mother) .
Dr J C Vashista
(Expert) 26 July 2020
After registration of the gift deed" it can not be revoced by mother of the donee (your son) if you want to cancel / revoce it. However, on attaining majority if your son desire the deed can be revoced by mutual consent of both of you i.e., yourself and your son (major and not during his minority).
Mohammad Yasin Chimaukar
(Querist) 03 August 2020
Dear Mr KavkSatyanarayana, I thank you for your response. You have mentioned "1. Muslim law applies.". I want to understand if this action of deed is according to Muslim law and legally valid? Or in future Minors brothers can challange it?
Mohammad Yasin Chimaukar
(Querist) 03 August 2020
Thank you very much Mr Rajendra K. Goel for your clarification. You have written, "MUSLIM PERSONAL LAW APPLICABLE." Kindly confirm that executing of this deed is valid and legal as per Muslim Personal Law? Or if minor s brothers can challange him or this gift deed in future?
Kindly advise as per Muslim law who can be legal guardian of minor boy aged seven years old?
Mohammad Yasin Chimaukar
(Querist) 03 August 2020
Respected Sir, Dr. J C Vashista. Thank you very much for your response. You have mentioned, " THERE IS PROBLEM OR LEGAL INFIRMITY TO EXECUTE........." Kindly clarify the problem and what measures can be taken to avoid any kind of risk ( his elder brothers cannt challange him or gift deed or create difficulties. 2. Who are natural guardians of a minor Muslim boy of seven years old? 3.As father is a donor, Can he also become Minors donees guardian?
Rajendra K Goyal
(Expert) 04 August 2020
You can execute a gift deed as mentioned by you.
P. Venu
(Expert) 04 August 2020
Under Muslim Law, the gift deed (Hiba) need not be registered. However, it is always a better option exp. in light of the facts and circumstances in the instant case, that the deed be registered.
