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Hussein HM (Software Consultant)     23 December 2013

Muslim-individual : transfer of property from me

Dear Experts,

 

I m a Muslim. I m mentioning my religion, because I have learnt that the Laws differ as per Religion.

 

I have a registered property (Flat) in my name in my own town of Maharastra State. This property was bought with hard earned money of my parents & my (together) sources of Income. Therefore, before my marriage we registered this Property (Flat) in the name of my Mom's name & me. Hence, as of now we both are sharing this Flat.

 

To be frank, my wife is instigated thru her family & now she/they have started eyeing this Property. I would like to delete myself completely from the share of this Flat and transfer this Property in the name of my Parents (out of which my Mom already a holder) & my younger Sister.

 

I m planning this with an intention to dilute their attention from the present Property, since this Flat is in one of the posh/elite societies of the town. 

 

I am not sure, since there are so many different opinions from all over.  Please help me.

What do I do ?

Which Deed should I execute/register ?

Any best alternative(s), please ?

 

Regards,

HM.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

You can relinquish your rights over the property through a registered release deed in favor of your mother so that your mother becomes the absolute owner of the property and there solves your domestic problem.

Hussein HM (Software Consultant)     24 December 2013

Dear Sir, Thank you very much for your reply. May I have one more suggestion. Please guide me, whether a gift deed can work in this Case too. May I also please know, how does gift deed applied in a Muslim Case. Regards, HM.

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

You may either opt for Hiba under Muslim law or a registered gift deed or a settlement deed as per the prevailing law.


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