Hi,
Taking the benefit of senior citizen maintenance act, the property can be given to only that person who cares for senior citizen.
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.
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Hi,
Taking the benefit of senior citizen maintenance act, the property can be given to only that person who cares for senior citizen.
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
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.
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.
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
The property gifted was a Inherited property not self owned. And what the case laws which don't allow a Muslim to gift more than 1/3rd property?
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.
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
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.
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.
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.
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.