See you may receive the notice and can file reply and can inform that mother has executed a gift deed and he therefore has no right on property. In case file before court same can be contested and you can file for rejection of plaint.

You have gift deed, ownerhsip transfer in all 5 equally. He has no share. 

His case will dismiss. Due to gift deed, shariah inheritance will not apply.

Submit your reply and enclosed copy of gift deed and posession taken just after gift and mother was living with you.

Oral gift also valid in Islam. He has not mention about gift but you can mention in your reply.

It will not be as per shariah now. Once the gift deed is executed it will be divided as per the same

If he has approached the court with a suit for partition seeking his share out of your deceased mother's property, then on receipt of summons you may appear before court and defend your interests on the basis of documentary evidences in your support.

If the gift deed executed by your mother is a registered document then your defence is very strong.

Even though as per Muslim personal law, the gift or 'Hiba' deed not be executed by a registered document, since there is proof of accepting the Hiba or gift, i.e., taking possession of the gifted property, his claim for partition and a share in it may not be maintainable.

You can challenge his case properly and get it dismissed. 

Let the case continue, you have the evidence which you must produce before the court.

HI 

1) Islam recognizes Gift (HIBA) in both Oral and Written Form. 

2) Transfer of property act warrants that the Gift should be by way of Registered Gift deed. 

3) Once the property is transferred inter-vivos (gift) and possession handed over to Donee, the Gift becomes absolute.

4) In case your brother files a suit claiming a share, all you need to do is produce the registered gift deed in the court.

5) In addition to producing the gift deed, if the donee's produce any  of the witnesses to the Gift deed  who can depose on the fact that 

a) The gift deed was indeed executed by the mother

b) The mother was healthy and good frame of mind at the time of execution of gift deed and 

c) There was no undue coercion and influence on the mother at the time of execution of gift deed. 

Then the courts will have to pass orders in favour of the Five children. 

Hope this information is useful.

1. Under the Transfer of Property Act, a Stamp Duty paid & Registered Gift Deed is irrevocable & final for all legal purposes, provided the same is executed while being alive.

2. After 8 years of Gift Deed, elder brother does not have any legal right to claim over such property, more so specifically when the property was self-acquired by Mother under her own name.

3. Apprehensively elder brother is trying to arm-twist to extract some amount, by filing civil court case, wherein he will not be successful, when you produce the duly executed Gift Deed. Even an oral Gift (HIBA) by Mother is acceptable in Court.

Your mother can execute gift deed during her lifetime of her self acquired property 

2) your elder brother has no share in property 

3) in your defence rely upon gift deed executed by mother 

1. Gift (Hibanama) can be made under Muslim law but the donor has legal competence to gift only 1/3rd of his property, not beyond it.

2. It is not clear whether your elder brother has sough a declaration from the court to declare the hibanama as void and non est.

do engage a prominent lawyer, appear in the case and defend your case by submitting the written statement along with the necessary documents,

your elder brother has no share in property since your mother had executed the gift deed during the life-time of her self acquired property, 

Dear sir/madam,

You are suggested to submit the strong reply of his case and deny all the allegations. It is suggested that in case of self acquired property had all the rights not to give anything to him. 

Hi

Take the summons and appear there to put your version of the story.

Tell the authorities that this property was distributed by the owner(mother) and it was divided only as per the will of your mother

Hello,

1. If he is getting the summons sent to you, you must accept and not avoid it so that you can present your case and defend the suit.
2. As per Sharia law a woman can give away 2/3rd of her property if she was a widow at the time she made the gift. Therefore even if you go by the Sharia that the son inherits double of a daughter, this will become applicable only to the rest of 1/3rd of the entire property owned by your mother.
3. Therefore you have to enter the contest and defend the case on basis of the Sharia law concerning hiba (gift) and the Muslim woman's right to dispose of her property.

As ler the muslim law  aperson can only gift or give away property to the extent of 1/3rd of the total property.

She could have gifted her property only to tge extent of 1/3rd. The rest she had to divide between her heirs. The gift cannot be made in this case.

Therefore act accordingly.

In Non testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis.

The general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his/ her  will, dispose only up to one-third of his/ her  property which is left after payment of funeral expenses and debts without the consent of his/ her  heirs. For a gift to be valid, a declaration of the wish to make the gift must be made which should be accepted by the receiver. Under the Muslim law, any type of property may be given as a gift. But a Muslim is at his liberty to transfer his entire property in his lifetime through a gift to any person, unless it is a marz ul maut (death bed) gift. Under the Muslim law, marz ul maut is regarded a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. In such a scenario, the person can't bequeath more than one-third of his estate without the consent of the heirs.

It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift. Marz ul maut is regarded under Muslim laws to be a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. A gift made by a person suffering from marz ul maut cannot take effect beyond one-third of the estate of such donor after payment of funeral expenses and debt, unless the heirs of the donor give their consent after the death of the donor to the excess taking effect.

So the only remedy in your case is that, contest the case and take better contentions through your written statements related to the recitals in the plaint.

- As per Muslim Law, A Muslim is allowed to give away his entire property , whether the property is self acquired or ancestral , during his lifetime by gift, but only one-third of the total property can be bequeathed by WILL.

- Since, the said Gift was accepted by you all, hence this Gift deed cannot revoked /cancelled, and further the elder son has no right to claim over the same. 

- The case filed by your elder brother is not maintainable legally. 

- However, you should appear before the court , and thereby submit your reply .

Dear Sir,

In Muslim law, gifts are called “hiba”. The gifts in India are governed by Transfer of Property Act, 1872. However, the provision of Transfer of Property Act, 1872 does not apply to Muslim law. The English term, ‘gift’ is of a wider connotation and applies to all transactions where one transfer’s one’s property to another without any consideration. The term hiba has a narrow meaning.

According to Ameer Ali, “A hiba is a voluntary gift without consideration of property or the substance of thing by one person to another so as to constitute the done the proprietor of the subject-matter of the gift.” Muslim law allows a Muslim to give away his entire property by a gift inter-vivos, even with the specific object of disinheriting his heirs. [Abdul vs. Ahmed, (1881) 8 IA 25]

Essentials of a Hiba

According to Ameer Ali, a hiba will be valid if the following conditions are fulfilled:-

1. The manifestation of the wish to give on the part of the donor,
2. Acceptance of the gift, express or implied, by the done, and
3. Taking of possession of the subject-matter of the gift by the donee, either actually or constructively. [Jamela vs. Abdul Rahman, 2001 Guj. 175]

Capacity to make a Hiba

Mental capacity – Every Muslim, male or female, married or unmarried, who has attained the age of majority and who is of sound mind has the mental capacity to make a gift. The rule of Muslim law of majority, i.e. attainment of puberty, does not apply to gifts. A person of unsound mind can make a valid gift during lucid intervals. The Muslim law-givers recognize the doctrine of ikrash or compulsion, and a gift-deed executed under compulsion is not valid. In such a case the gift is voidable, and it can be avoided by the donor whose consent was so obtained.

Financial capacity – The Malikis hold the view that a person under insolvent circumstances or extremely involved circumstances have no capacity to make a gift. On the other hand, the Hanafis hold the view that insolvency does not create an incapacity to make a gift, but the kazi has the power to render such gift nugatory if it is made with a view to defrauding the creditors. The Indians court follow the Hanafi view. In every gift, there must be a bona fide intention on the part of the donor to transfer property to the donee.  And, if a gift is made with an intention to defraud the creditors, the gift I invalid. [Abdul vs. Mir Md, (1886) 11 IA 10]  

Who can Challenge a Hiba or Gift

A stranger cannot challenge the validity of a gift on the ground that the gift is bad as no delivery of possession has been made. A gift on this ground can be challenged only when the issue is raised between the donor or those claiming under him on one side and the done and those claiming under him on the other.

Conditional or Contingent Hiba or Gifts

The contingent or conditional gifts are those which are made dependent for their operation upon the occurrence of a consistency. A contingency is a possibility, a chance, an event, which may or may not happen. In Muslim law, contingent or conditional gifts are void.

In Muslim law, a gift is not rendered invalid, by involving an invalid condition. Hanafi law clearly lays down that in such a case the gift is valid and the condition is valid.

1. As per muslim law the gift is valid as you all have already accepted the gift. 

2. Let your elder brother proceed legally he cannot claim any share from that property as per sharia law. 

your brother has no share, property on the name of your mother, i.e., property belonging to married women will be their absolute property in which they have full rights to dispose the same in any manner and to anyone of their choice as per desire without taking anyone's consent including her husband or children. If this gift deed was executed by your mother in a normal status i.e., without any pressure and in a sound mental health, this can be considered as a valid document hence neither your brother nor anyone can claim any share in the property. 

Under Muslim Law / Shariah, Hiba can be either oral / written.  

Since the property is her owner property she can deal with it as she wishes.

Going by the contents of your post, five of you are absolute owners of the said property since the same was given by your mother during her life time.

Your elder brother does not have any share in the said property.

You need to prove that, when the gift was made, your mother was healthy and it was not done under coercion / undue influence.

You can use the Gift Deed given by your Mother in your defense, if your elder brother files case against you.