• Can Muslim male gift away all his property to one of his daughter in-law and two grandchildren?

While leaving another daughter in-law and her son giving them zero from his property (Husband died before the gift deed). And currently both them have possession of the property while only one have it in papers.
Asked 6 years ago in Property Law
Religion: Muslim

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18 Answers

Hi,

Taking the benefit of senior citizen maintenance act, the property can be given to only that person who cares for senior citizen.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Muslim can gift his property to his daughter in law and grand children during his lifetime 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

As long as owner is alive, he can deal with his property in any manner he likes

There are restrictions against making of a Will for entire property 

And not against gifting the entire property 

The owner can gift to his relatives or any person

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

1. The Muslim can not gift more than 1/3rd of his all properties to one particular person depriving his other legal heirs.

2. In other words the other legal heirs can claim their due share to which they were deprived of.

3. In that context the gift deed can be challenged and set aside while they claim their share by a suit for partition.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

In life a Muslim man can gift all this property to person he wish. The gift made by him cannot be challanged by other legal heirs.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Division of the property as per the Muslim law is strictly according to the law and a person cannot gift away more than 1/3 of his property. The rest he has to give as the shares as have been given.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the property is self owned than he can give gift to daughter-in-law and grand son.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In Muslim law there is no concept of ancestral property it in Hindu law. On will Muslim cannot give more then 1/3, property in life he can gift the complete property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Muslim cannot bequeath more than one third of his property by will 

 

there is no bar of gifting property during his lifetime 

 

further there is no concept of ancestral property among Muslims 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

During lifetime property can transfer through gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Muslims can’t dispose entire property through a will but muslim can gift his entire property to anyone. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No he cant gift in the aforesaid manner this is against the muslim inheritance law.

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

Dear Client,

Muslim law allows a Muslim to give away his entire property by a gift, even with the specific object of disinheriting his heirs.

1/3rd provision applies on WILL not gift.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

The Muslim law says that. In fact the sharia. Inherited or self acquired doesn't matter.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The rue 1/3rd applies to both ancestral as well self acquired property. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

A muslim can gift his own property entirely to anyone of his choice, he need not consider other children or relatives while transferring his property by a Hiba or gift deed as per Shariat law, however if he has died intestate then the property shall devolve on all his legal heirs proportionately as per their entitlement.

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

You have mistaken the law of gift to that of law of Will.

A muslim cannot bequeath the entire property to anyone through his Will, he can do so only to the extent of 1/3rd of his property.

Whereas he can transfer the entire property by executing a Hiba deed as per Shariat law.

 

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

Dear Sir,

Under the Muslim law, a gift may be made to any person without any distinction of age, sex or religion. Under the Hanafi law, the donee must be must be legally in existence at the time of hiba. Thus, a gift to an unborn person, one not in existence, either actually or presumably, is invalid. Under the Shia law, a gift to an unborn person can be validly made provided the gift commences with a person in existence.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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