Muslim gift
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
gift made by any person to muslim boy which was accepted on her behalf by her mother.is it a valid gift? pls explain who is competent in mulim law to accept gift.
M.Sheik Mohammed Ali
(Expert) 10 November 2011
a muslim person can give gift to any person on behalf the minor also, in such condition are fulfill.
prabhakar singh
(Expert) 10 November 2011
Either ignorantly or deliberately you have made a mess of your question:
Does your phrase "any person " relates to only "any muslim" or you mean "a person of any religion"
1]Only Gift by a muslim to muslim would be covered by muslim personal law.
2]In cases of gift between two persons of which only one is muslim but other is not
law laid down in Transfer of Property Act,
shall apply.
prabhakar singh
(Expert) 10 November 2011
Anyway now coming to your question and answering on premise that both donor as well as donee are Muslims and donee is a minor then according to Muslim personal law
Mother is natural guardian of the person of minor unless appointed by court of property also,then his[minors']natural guardians for his property in preference are a]the father.b]the executor appointed under a by WILL his father C]THE FATHERS father,d]the executor appointed by the WILL of the fathers'father.
In default of above 4 natural lawful guardians the COURT itself becomes custodian of minors property and only guardians appointed by court can deal with minors property.
And the same law of guardianship shall apply for acceptance of gift also.
Rajeev Kumar
(Expert) 10 November 2011
Prabhakar sir has given enormous time and well replied your query. I do agree
Shonee Kapoor
(Expert) 10 November 2011
Agreed with Ld. Mr. Prabhakar.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 10 November 2011
Mr. M.Sheik Mohammed Ali
you are stated that a muslim person can give gift to any person on behalf the "minor" also.
could minor's property gift to anyone?
Please elaborate your answer.
Thanks
with Regards,
Shonee Kapoor
(Expert) 11 November 2011
Mr. Shah,
The property of a minor can not be gifted. He can always litigate the cliam on becoming a major.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 11 November 2011
What ever you ask to Mr. M.Sheik Mohammed Ali the answer would be : Yes, I do agreed ( not agree) with experts query reply.
So, Mr. Shah, take it as granted and guaranteed reply. Why do you want to take English Grammer Test?
Sailesh Kumar Shah
(Expert) 11 November 2011
Dear Mr. Shonee Kapoor/Mr. Arun Kumar Bhagat.
As you stated, i knew the same. I have reason to write to Mr. Sheikh that no wrong advise/message to anyone and confirmation with experts.
Mr. Sheikh, please don't take it otherwise.
Thanks
with Regards,
