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qader (clerk)     19 December 2013

Share in ancestral property already gifted to two brothers

Dear Sir/Madam,

I have two questions on which I request your benign replies;

1st Query  – We are four brothers and 5 sisters.  There is one house registered in the name of my mother, but the same is purchased by my father.  My mother  has  executed Registered Gift Deed in the year 2000 in favor of one of my brothers and not given this property share to other children.

Can we remaining brothers/sisters now approach to court for our share as per Shariah Law?

2nd Query  - There is another  house  which is  in the name of my late grand mother (maternal). This house my mother has  gifted to my two brothers vide Registered Sale Deed some 15 years back.

Since this property was in the name of my grand mother,  was my mother  legally right in executing the Gift Deed in favor of my two brothers and depriving the share of other children? The Gift Deed was executed  on 21.01.2000 as per

Under the circumstances mentioned above, kindly advise me if we (remaining brothers/sisters) have any legal right now to approach to Court to claim our share as per SHRAIAH LAW.  Since this property has already been gifted vide Registered Gift Deed some 13 years ago,  can the court now nullify this deed and give us our share from the property in question.

I shall appreciate your prompt replies on the above two queries.

With best regards

Abdul Gafoor

 

Hyderabad



Learning

 2 Replies

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

As regards your 1st query, your mother has absolute rights over the property which stands in her name till it is legally transferred in your father's name by virtue of his purchase..As per Muslim Law , she can validly gift away such properties to anyone she likes.

Regarding your 2 nd query.- your mother's other children can challenge the gift deed as the property stands in the name of your grand mother.-But, the law of limitation for challenging the same has expired now unless, you are prevented from exercising your right to challenge it earlier for any sufficient cause in law..

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

As regards your 1st query, your mother has absolute rights over the property which stands in her name till it is legally transferred in your father's name by virtue of his purchase..As per Muslim Law , she can validly gift away such properties to anyone she likes.

Regarding your 2 nd query.- your mother's other children can challenge the gift deed as the property stands in the name of your grand mother.-But, the law of limitation for challenging the same has expired now- unless, you are prevented from exercising your right to challenge it earlier for any sufficient cause in law..

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