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Marsh (No)     12 January 2014

Mother giving property to only one son ( muslim)

Muslim mother got a property acquired by herself. She would like to give this property to only one son. There are other siblings which will be excluded. Mother is still alive. What is the best idea to transfer this property for one son only? How to prevent other siblings to claim right for this property in future? Thank you for your advice .



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 7 Replies

Dr J C Vashista (Advocate)     12 January 2014

Gift deed is the best option

Marsh (No)     12 January 2014

Thanks very much I would like to ask about Gift Deed still any sibling can challenge in the future? Or do I need No Objection certificate from all sibling?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 January 2014

1.  A Muslim person is voluntarily lawfully entitled to make a HIBA (Gift) to any of the family members,  without payment of stamp duty or registration fees.  The Hiba would remain irrevocable and unchallengable, by anybody else in the family.

 

2.  A Hiba (Gift) must necessarily be attested by two persons, and practical possession should be handed over and accepted by the receiver.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Marsh (No)     12 January 2014

Thank you very much I would like to request what is HIBA (Gift)?

What is procedure for HIBA (Gift) to legal register with municipal corporation

How long take time to change of ownership HIBA (Gift) to my name

I'm very appreciate for your kind advice

Dr J C Vashista (Advocate)     13 January 2014

Seek the services of a local expert  lawyer/ tutor

Ms.Nirmala P.Rao (CEO)     13 January 2014

Agree with Mr.Hemant Agarwal.

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

A Hiba or gift has been defined under the Mahomedan Law as a transfer of property made immediately and without consideration by one person to another and accepted by or on behalf of the latter.
There are three essentials of a valid gift under The Mahomedan Law: 1)Declaration of gift by the donor; 2) Acceptance of the gift by the donee,either express or implied; and 3) Delivery of possession of he property by the Donor to the donee, either actively or even constructively.
According to Section 123 of TP Act, 1882, a gift ofimmovable property must be effected by registered instrument signed by the donor and attested by atleast two witnesses. The said section does not apply to Mahomedan Law of gift. The Mahomedans in India, therefore, are not governed by the TP Act in the matter of formalities of gifts. Regarding formalities writing is not necessary to complete a Mahomedan gift and formalities prescribed under the TP Act are not essential. If there is no delivery of possession, the gift is invalid, even if it is registered.
A gift orally made is valid provided all the three essential requisites of a valid gift are satisfied. It is open to the Mahomedan sisters to relinquish their rights by way of gift, even oral, which is valid in Muslim Personal law.


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