Disputed hibanama
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
my father and mother have gifted (hibanama)
all their property to my mother's sister in law . is it legally permissible what options do i have since me and my brother don't have any property in our names. pl advice
M.Sheik Mohammed Ali
(Expert) 19 September 2011
you mentioned that property get from ancestral or self earned property ? if self earned you not entitle to the property.
R.Ramachandran
(Expert) 19 September 2011
Dear Mr. Sheik,
The concept of "ancestral property" is not known to Muslim Law.
As far as gift is concerned, they can gift their property to anyone without any limit. It is only when it comes to WILL, one cannot give more than 1/3rd of his/her property.
Devajyoti Barman
(Expert) 19 September 2011
Your parents can not gift all their properties to some one depriving their legal heirs.
So file a suit for partition and ask for your due share.
jitender pawaria
(Expert) 19 September 2011
if your property is ancestral property then your father can`t made any gift deed to anyone.
Under Hindu Secession Act. Only son less proprietor transfer his property in any manner to any way.
R.Ramachandran
(Expert) 19 September 2011
Dear Mr. Jitender,
Whenever you try to answer a query, better watch out the earlier answers also.
I have already indicated that there is no concept of "Ancestral property" as far as muslim law is concerned.
Therefore, either you should first say that my answer is wrong. In other words, you should say that the concept of "ancestral property" is applicable to Muslims also.
Without addressing this issue, you cannot simply say that if your property is ancestral property...
It is only my suggestion to you, which you may like to consider whenever you try to answer future queries.
prabhakar singh
(Expert) 19 September 2011
Misconception at every end here only because of you anonymous.??
Much of the things in this regard are ruled by personal law::hence the questions are::....
1]who are you,a HINDU??or a MUSLIM??
If you are a MUSLIM, then all possibilities of any of your claim is ruled out. A MUSLIM OWNER HAS ABSOLUTE TRANSFERABLE RIGHTS.ONLY HIS RIGHT TO WILL IS LIMITED BY 1/3rd.
In case you are a HINDU SOME MORE SPECULATION EMERGES :::
a] your mother being owner had absolute right of transfer upon which you have no right to check the transfer;so she had every right to gift the same to any one of her choice without your consent and even against your wishes.
b] The same would be the position about your father also like your mother if they were your father's self acquired or personal properties received in inheritance from your grand father who self acquired these properties so gifted by deed in question.
c]if the properties gifted by your father originally belonged to your grate grand father by any mode of acquisition,and then inherited by your grand father and then inherited by your father,only and only then if you are a non BENGALI and of an area of MITAKSHARA SCHOOL YOU BOTH HAVE RIGHT BY BIRTH IN PROPERTIES SO OBTAINED BY YOUR FATHER AND HAVE A SHARE 1/3rd each,you,your brother,and your father.
IN all the cases discussed above,the IMPUGNED GIFT DEEDS CAN ALSO BE CHALLENGED in civil court by you both if you are able to prove that the gift deeds in question were obtained by playing misrepresentation ,fraud and undue influence up on your father and mother by the donee [mother's sister in law]and gift is not the out come of free consent of your father & mother.
M/s. Y-not legal services
(Expert) 19 September 2011
