1)your father can sell his undivided share in property to you

2) you can then file suit for partition for division of property by metes and bounds

3)under section 44 of transfer of property act co owner cans ell his share without consent of other co owners

4) dont wait for long time . file partition suit during father lifetime

5)your father can execute gift deed for his share of property in your name

6) hibanma registration is not necessary but if father executes hiba nma in your name advisable to register it

on demise of your father intestate property would devolve on his legal heirs as per Muslim personal law

2) Muslim can bequeath only one third of his property by will

3) in respect of 12 shops constructed on land owned by your father and uncle both have equal share in rental incomes received . your uncle cannot take the entire rental income

sale deed is best option

Your father can sell his undivided share of property to you after which you can file a partition deed seeking your share and separate possession of the same.

You can file a partition deed even during his lifetime, ther is no embargo on this.

He(uncle) may contest that this sale deed is a nominal and hence not valid. Your father wont be there for your defence, thus it is advisable that you file a partition suit during his lifetime.

Hiba may be challenged and since you are his adopted son, it may not be possible to put up a tough legal fight, moreover hiba cannot be executed if possession not given

Actually registering hiba cannot alter its position of law.

For an effective hiba the possession to be handed over to the donee by the donor.

1) suchSir i have some of my father undivided property which comes in agricultural land so my advocate is saying that common law is applicable on such property and you will get absolute ownership of such property by the way of will is it correct and legal.

This is governed by Muslim personal law of inheritance.

Common law cannot take over the personal law.

Your lawyer has to update his knowledge in this regard

2)In one of such property which comes in agricultural land 12 shop has been construcrted in front followed by land . from this shop we get rent which is taken by my uncle so on such property common law is applicable or personal law .

Common law cannot be applicable even to this position since the owners belong to Muslim religion

If may father hiba his share of undivided property to me and if i m not able to take possession of such property then it will be easy for my uncle to challange my hiba in court and make it void by help of court

Your understanding is right, it can be nullified quoting the provisions of the personal law.

A nominal sale deed would be the better option in such a situation.