Hiba
Shakil
(Querist) 18 December 2013
This query is : Resolved
I have a following query and request you to clarify the same.
We are 4 brothers and 5 sisters. My late mother has gifted half portion of a residential house to me and half portion to my another brother via Registered Gift Deed some 15 years back. This property is actually in the name of my late grand mother.
Now other brothers/sisters are asking their share from the above property.
Although from another residential property, which is in the name of my mother, she has distributed equal share among her all 9 children including me.
Under the above circumstances, kindly advise if my siblings are again legally entitled to get their share from the property mentioned in para 1 as per Islamic Law, in view of the fact we two brothers already got the said property through Registered Gift Deed executed by our mother some 15 years ago. Can the Court nullify this Gift Deed if they approach the Court?
I shall highly appreciate your reply.
prabhakar singh
(Expert) 18 December 2013
The Gift is valid if possession was taken over and hiba was accepted.
Rajendra K Goyal
(Expert) 18 December 2013
Agree with the expert prabhakar singh ji.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
How did your mother acquire the property, as a legal heir or through gift deed?
ajay sethi
(Expert) 19 December 2013
as on date gift deed stands . property gifted more than 15 years back . possession has been given to you as per gift deed . you are absolute owner f property as of now .
let them take proceedings for challenging gift deed
