Inheritance agriculture land of muslim
kahkashaan imtiaz
(Querist) 15 October 2013
This query is : Resolved
my father who is having 100 acre of agriculture land through in heritance gave away the 100 acres as gifts to son leaving daughter s nil during his life time .please advice can i go to court to claim daughters right
P. Venu
(Expert) 16 October 2013
Father could have given only one third of the property as gift.
Dr J C Vashista
(Expert) 16 October 2013
He can gift his own share and not the share of other coparceners, challange the transaction
prabhakar singh
(Expert) 16 October 2013
Most humbly and with due respects experts may claim I would differ them for there is :
NO COPARCENARY CONCEPT IN MUSLIM LAW
AND
THAT A MUSLIM CAN GIFT(HIBA)ALL PROPERTIES HE OWNS AS HE CAN SALE THEM.
THE CONCEPT OF 1/3rd APPLIES TO WILL.
SO author would not get any relief from court.
ABDUL RAZIQUE
(Expert) 16 October 2013
I agree with expert Prabhakar Singh.
Dear K.Imtiaz,
As per your query, your father gifted all inheritance property to his son avoiding yours right, during his life time.
There is two question.
At the time of gift you was bachelor or married? when the gift deed was executed?
Is any terms mentioned in gift deed or not, or you have seen the deed of gift.
without any proper clarification it is impossible to advice you.
As per Muslim Law the daughters have right 33.33% in all immovable property.
Dr J C Vashista
(Expert) 18 October 2013
Thanks for correcting me, Parbhakar Singh ji.
