Gift deed
Ayesha1972
(Querist) 04 August 2012
This query is : Resolved
If a muslim woman makes a gift deed in favour of one of her four children,can the other children challenge it.she is of sound mind.if yes what are the requirements. And can u guide the procedures..?the property in question is in her own name paid by herself and the husband is no more.
Raj Kumar Makkad
(Expert) 04 August 2012
Self acquired property of muslim woman can be got gifted to either of his sons legally. She has to get drafted a gift deed and shall have to register it and the donee shall have to accept it. The process thus completes and other sons of the such lady cannot legally object this gift.
prabhakar singh
(Expert) 04 August 2012
Every Muslim(male or female) of sound mind and major having capacity to contract can dispose of his/her property by gift called HIBBA.
A HIBBA as distinguished from a WILL(VASIYAT)
may be made of the whole of the DONOR'S property and it may be made even to an heir provided the DONOR is not on death bed.
The writing of a gift deed or its registration is not required at all in case of a HIBBA by a Muslim.The Only three essentials of a HIBBA by a mMuslim are that:
1)There should be a declaration of Hibba by the donor who must be owner of property to be gifted;
2)The Donee or some authorised on his behalf must accept the Hibba expressly or impliedly;
3)The delivery of possession which may be actual or constructive.
If so done then HIBBA is complete ,you reduce it in writing or not.
As regards to challenge such a HIBBA as invalid can be seen to vest in DONOR on the ground of want of free consent.During life time of the donor other heirs can not challenge it but after death of donor they can by a suit of cancellation of HIBBA and for that they shall have to prove that donee defrauded,caused undue influence,or coercion on donor whose consent to HIBBA was not free.
R.K Nanda
(Expert) 04 August 2012
No more to add.
