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Mohammad Yasin Chimaukar (Ex Banker)     06 March 2024

Hiba , Gift deed to only one son

Dear Sir ,
"A" , a Muslim senior citizen from Mumbai is the owner of three different properties .
He has executed and registered a gift deed of a flat to his minor son and wife .
Please note that he has two elder sons also who are not in good terms with father.
Now A wants to execute two more gift deeds to his minor son and wife , excluding elder sons.
Kindly advise if it's legally valid and maintainable as per Islamic Sharia Law if all three separate properties are transferred to only one minor son and wife via three HIBA / GIFT DEEDs.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

If the properties in question are his self acquired properties and he is the absolute owner, then he can very well transfer them in the manner and mode he may decide as per his desire.

There's no legal infirmity in it.

Nobody can question his authority.

Real Soul.... (LEGAL)     07 March 2024

If the propertes are your owned and not ancestral then you can give it waay to anyone you deiere. You should mentioned in yourd gift deeds that the proeprties are you owned and not ancestral that will be smoother and hassel free.

 

Advocate Bhartesh goyal (advocate)     07 March 2024

"A" can gift/hiba his self acquired property to anyone  as per his wish, no one has right to challenge such transfer of property. 

Mohammad Yasin Chimaukar (Ex Banker)     07 March 2024

𝕄𝕒𝕟𝕪 𝕞𝕒𝕟𝕪 𝕥𝕙𝕒𝕟𝕩 𝕥𝕠 𝕒𝕝𝕝 𝕣𝕖𝕤𝕡𝕖𝕔𝕥𝕖𝕕 𝕒𝕟𝕕 𝕖𝕤𝕥𝕖𝕖𝕞𝕖𝕕 𝕒𝕕𝕧𝕠𝕔𝕒𝕥𝕖𝕤 .
𝑷𝒍𝒆𝒂𝒔𝒆 𝒃𝒆 𝒂𝒅𝒗𝒊𝒔𝒆𝒅 𝒕𝒉𝒂𝒕 𝒂𝒍𝒍 𝒕𝒉𝒆 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒊𝒆𝒔 𝒂𝒓𝒆 𝒔𝒆𝒍𝒇 𝒂𝒒𝒖𝒊𝒓𝒆𝒅 𝒂𝒏𝒅 𝒘𝒆𝒓𝒆 𝒑𝒖𝒓𝒄𝒉𝒂𝒔𝒆𝒅 𝒃𝒚 𝒎𝒚 𝒐𝒘𝒏 𝒆𝒂𝒓𝒏𝒊𝒏𝒈𝒔 𝒗𝒊𝒂 𝒎𝒚 𝑵𝑹𝑰 𝑨𝒄𝒄𝒐𝒖𝒏𝒕.

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