SETTLEMENT FROM UNDIVIDED SHARE- MUSLIM
Abdul Ravoof
(Querist) 12 May 2009
This query is : Resolved
Can a Muslim widow make "settlement deed" of her share from the undivided property? Because some of family members are not ready for partition and this widow worried of her life present. Hence, the widow wanted to make settlement during her life to one her daughters who take care of this widow. Please advise.
Thanks A.Ravoof
adv. rajeev ( rajoo )
(Expert) 15 May 2009
It becomes her absolute property she can exeucte the settlement deed.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
Dear Abdul,
It is modified ans., for ur question.
Ofcourse it is absolute property of muslim widow, who want execute the settlement deed in favour of her daughter.
According to mohd., law she cannot exeucte the settlement deed, but she can exeucte the rights relinquish deed in favour of her daughter who is also joint owner with the consent of other joint owners, without joint owners consent she cannot exeucte the deed. Settlemnt deed is not a deed under the transfer of property act, it should be rights relinquish deed.
So to avoid all these it is better to exeucte the gift deed in favour of her daughter to the extent of her share only.But gift should be accepted by her daughter.
