fayyazz (officer) 24 July 2014
The father gives whole property to 1 son by registered gift and nothing to other son and daughter.
Even the widow has got nothing from the property. As per Muslim Law more than 1/3 of property the father cannot gift. Can the other son and daughter challenge the gift deed's validity? If yes, which court they should file case in District court or in city civil court or in high court ? value of property is 2 crores in Mumbai.
please advise.
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 July 2014
Advocate Ravinder (Advocate/Attorney) 25 July 2014
Under Muslim law, the whole property can be gifted. But relating to the will only 1/3 of the property should be bequeathed (given by will). If other legal heirs agree, the whole property can be given by will.
T. Kalaiselvan, Advocate (Advocate) 27 July 2014
The execution of gift deed gifting away entire self acquired property is legal and valid in law, this cannot be challenged as far as Muslim personal law. Do not be under misguidance abut this. Better arrange for amicable talks and arrange to get a share from the beneficiary.
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