Property dispute doubts

Originally posted by : Afzal_basha
	Hello We are 5 in our family all are alive 2 sis and me and my parents. We belongs to Tamil Nadu state. We have one home & the hom in the name of dad and mom. Due to some family issues my sister are telling my dad and mom to sell the homes and through me out from home, from the past 15 yrs, i manage the home from my income no one support our family. Now my dad is telling me to go out from home, he like to sell or write the property in two sister name? My mother is telling me she is ready to sign in stamp paper for me without knowing my dad ad sister, In future if my dad want to sell the home he need my signature as well to sell the property. So can you tell me whats the message i have to write in stamp paper and get a sign of my mom..? need the right procedure for this..? Thanks In Advance.

Nemoest haeres viventis.

I have few questions.

What caste are you? sub caste in muslims.

Are you original son?  Why I am asking is, only if you are valid son, then you can get share in the property.  If you are adopted there are other rules. or if you are half son ie uterine son etc.

parentage also matters.

Your mother can give her share ie 1/6th of the property in question to you or to anyone she wishes in form of gift.  She cannot give entire property to you as she does not have entire property in her name.

You can come back if you have any doubt.

You can contact a advocate locally to get your gift instrument registered under Sec 17 of Registration Act.

Which personal applies in this case.

The owner can dispose his/her estate in his/her life time by a valid/registered deed.

 iFyOUR  MOTHER  IS A sHIA mUSLIM SHE HAS TO DONATE TO CHARITIES OR WHOMSOEVER SHE LIKES 1/3RD OF HER PROPERTY AND IT IS COMPULSORY. sHE CAN BEQUEATH  THROUGH WILL  BEQUEATH 1/3RDOF PROPERTY TO ANYONE SHE LIKES.iF SHE ASPER THE ABOVE RULE GIVES THE PROPERTY IN YOUR FAVOUR .

rEMAIN9ING 1/3RD YOU AS PER LAW YOU ARE ENTITLED TO. hENCE YOU WILL GET ONLY 1/3RD AS PER sHARIAT AND THE EARMARKING OF 1/3RD  fOR  CHARITIES YOUR MOTHER  MAY AT HER SWEET WILL AND POLEASRE MAY BEQUEATH TO YOU UNDER A wILL.iN SUCH A EVENTUALITY YOU WILL OWN 2/3RD OF YOUR MOTHER'S PROPERTY.gOOD lUCK.

Yes Im the original Only One Son. I'm Muslim. Can you clear what it mean 1/6TH OF PROPERTY ..? Due to some issues in our family my mother is ill now, she is in bed, she is telling me she is ready to sign in stamo paper she has already given me a sign in 50 rupees plain stamp paper. I want to know what "Message" I have to write that in stamp paper, coz i fly mostly out of city due to work. so in mean time my father wont sell without my knowledge. 

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The gift deed of immovable property should be registered.