property transfer
nizam shaikh
(Querist) 23 November 2013
This query is : Resolved
Son has dout that his father will transfer his property to someone else to stop this what will be the legal procedure to be save..
arunprakaash.m.
(Expert) 23 November 2013
you cannot stop. Under mohammeden law a person holds property as absoluted property. under hindu law a person by birth becomes comes coparcener
nizam shaikh
(Querist) 23 November 2013
But still it is not got transfered... i want to save ..please suggest anything
Anirudh
(Expert) 23 November 2013
What do you mean that he will 'transfer'. Do you mean to say that he will be selling or gifting?
nizam shaikh
(Querist) 23 November 2013
Yaaa... he will transfer on my step mom name
Ms.Nirmala P.Rao
(Expert) 23 November 2013
Under Quranic Law a Muslim cannot bequeath or transfer his properties under a "Will" without consent from legal heirs such as son and daughters etc except to the extent of 1/3rd.Hence, if the father is about to transfer his entire property to someone else through a Will the son must file a partition suit claiming the remaining of 2/3rd share of his father's property. However, a Muslim can validly gift away his entire properties. Muslim Law recognizes the principle/concept of absolute dominion over the corpus of the property. If a Muslim father wants to gift away his entire properties to someone/ stranger the son can't do anything.If you wish to thank me for this reply please click the thank you button on my profile.
R.K Nanda
(Expert) 23 November 2013
nothing more to add.
M V Gupta
(Expert) 25 November 2013
I fully agree with the reply of Ms. Nirmala P Rao.
nizam shaikh
(Querist) 25 November 2013
Yes thank u so much for the advice... one last dout is if i want to stop transfer then what will be the first step to stop him
V R SHROFF
(Expert) 25 December 2013
nothing more to add.
M V Gupta
(Expert) 26 December 2013
Dear Mr. Nizam, Hope u remember the last observation of Ms. Nirmala Rao. A Muslim has absolute domain on his properties. This means that a Muslim is absolute owner of all his assets whether movable or immovable whether inherited or self earned. As such he can dispose of them as he wishes during his life time. The restriction of 1/3rd disposition applies only to wills. Hence u will have to convince the father not to deprive his own son/daughter who will otherwise remain without anny financial support.Even under Islamic law it is the pious duty of a person that he protects the interests of his progeny.
M V Gupta
(Expert) 26 December 2013
Dear Mr. Nizam, Hope u remember the last observation of Ms. Nirmala Rao. A Muslim has absolute domain on his properties. This means that a Muslim is absolute owner of all his assets whether movable or immovable whether inherited or self earned. As such he can dispose of them as he wishes during his life time. The restriction of 1/3rd disposition applies only to wills. Hence u will have to convince the father not to deprive his own son/daughter who will otherwise remain without anny financial support.Even under Islamic law it is the pious duty of a person that he protects the interests of his progeny.
