Distribution of property in muslim religion when father is alive
adv.bharat @ PUNE
(Querist) 08 October 2016
This query is : Resolved
X Who is muslim by religion having his self acquired property.
X has 4 sons & 3 daughters.No wife alive.
In 2001 he made Notarised i.e.unregistered HIBA of his 1/3 rd property to Son-I and also distributed remaining property to 3 sons & 3 daughter equally.
Query.
1) Can other legal heirs ( 3 sons & 3 daughter) can have share in this gifted property?
2)In 2016 Son II now say that he had also gift in their favour made by his father.
Whether is is valid? since it is made with out consent of son I.
3) Son I had possession of property since 2001 & have names incorporated in 7/12 extract & paying the land revenue , municipality tax since then. Whether he can go for suit for declaration or cancellation of HIBA Or take legal heir ship certificate from the court to prove that he is the only legal owner of that gifted property?
Ms.Usha Kapoor
(Expert) 08 October 2016
Let me know you are Shia OR Sunni Muslim. Among Muslims 1/3 OF PROPERTY THE TESTATOR HAS TO BEQUEATH TO CHARITIES AND EVEN STRANGERS. Here HE HAS GIFTED HIS PROPERTY TO HIS SON WITHOUT HIS CONSENT. AMONG Sunni Muslim DAUGHTER'S GT HALF TH E SHARE OF SONS. But YOUR FATHER DISTRIBUTED THE REMAINING 2/3RD PROPERTY TO HIS SONS AND DAUGHTERS EQUALLY. IT IS VALID. instead OF BEQUEATHING IN FAVOR OF CHARITIES ACCORDING TO Muslim law YOUR FATHER HAS Transferred his 1/3rd interest in his property in favour of his 1st son which I'm afraid is not legally valid. If you appreciate this answer please click the thank you button on my profile.
adv.bharat @ PUNE
(Querist) 08 October 2016
Madam They were belong to SUNNI community.
For gifting the property it is essential to have registered gift deed?
My question is
Can daughter & son have right in the gifted property by their father?
Since with out consent of son I second gift is made then it is not valid since father do't have any authority to do so.
Kumar Doab
(Expert) 08 October 2016
By limited understanding;
The owner can gift upto 1/3rd of estate until or unless ratified by all heirs.
Check with scholars of the sect/sub-sect.
R.K Nanda
(Expert) 08 October 2016
Nothing to add more.
adv.bharat @ PUNE
(Querist) 08 October 2016
Thank you expert for your valuable time and advise.
Kumar Doab
(Expert) 09 October 2016
You are welcome Mr. Bharat.
