The property was initially a Natham poromboke land and was allotted to my father and he was paying urban tax since 1970 later notice was issued t obtain the patta for the land from thasildar for the property which we lived, My father didn't acquire the patta from thasildar for his allotment and later after his death in 1997 4 years later my mother obtained the patta under sale consideration from thasildar paying 54000 in 2000. 5 Years later Mother wrote in 2005 a gift settlement deed to his 1st son stating that this deed is executed for all my son contribution to the family and its irrevocable in future. I am the eldest son and have 4 brother and 1 sister. My mother recognised all my contribution to the family done with my abroad earnings and contrubution towards marriage and jewels for 3 of my siblings. And all my siblings signed in the gift settlement deed and additionally have given consent and no objection document of the gift settlement deed. In 2008 my brothers due to a dspute demanded thier share on land and filed a case in the court while i was at abroad stating falsely that the settlement deed was obtained by compulsion and they state that the witness sign which they have made in docs they were unaware of its context District passed a judgement 12 years later in 2019. That the property is of fathers as it was initially allocated to him and hence as per the Muslim law shares need to given to heirs and further district recognises the validity of gift settlement deed and hence mothers share would be given to the eldest son and the further court does not recognise the consent and non-objection docs as they are unregistered an further it states signing as witness doesnt mean they have relinquished their right. My mother died in 2019 and she never gave her side of the story to the court as she was held by siblings and she never wanted to falsely accuse me of the greed of my siblings as she knows who has led the family and my contributions towards it. My Question is- 1. Who has the absolute ownership of the property Mother or Father 2. As per mohameddian law a oral consent is enough but my siblings have given unregistered consent and non-objection signed by all doesnt it create legal estoppel as I believe the transfer of property act doesn't apply for Muslims. 3. In the scope of Mohammedan law what is the status of witness and the document mentioned 3.As i am at stage of appeal i would be grateful on your value added advise on how the the scope of the case should be and what needs to be focused on. Document Held By Me Original Patta - Year- 2000 Under Mother Name Gift Settlement Deed- 2005 No Objection and Consent by siblings (Unregistered) 2005
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1) father was owner of property as land was allotted to him
2) on father demise your mother and siblings have share in property
3) they ought to have executed relinquishment deed for their share in property
4) mere affidavit does not amount to relinquishing share in property
5) mere signing as witness does not imply they have relinquished their share in property
Whatever the status of land before, in 2000 mother purchased land from State through sale deed executed by Tahasildar, it is a outright sale of property to mother. The concept of joint family property or coparcenary property as is recognized under Hindu law is not known to Muslims. Inheritance opens only after death. As long owner of property is alive he has full right to dispose of his property in any manner. A gift under Muslim law is known as “Hiba’.” The conditions of valid Hiba are, there should be clear intention of donor to gift the property and donor should put the donee in possession of property, actual or constructive. Apart from these two conditions nothing more is required for a valid gift. No witnesses, no registration is required. In 2005 after the property is gifted by mother, the donee becomes absolute owner of property. The Court below misconstrued the principles of Muslim law.
Dear Client,
As per the facts which have been provided, mere affidavit does not amount to relinquishing share in property.
Thank You.
1. Since the registered deed was executed in favor of your mother, she becomes the absolute owner of the property.
2. If your mother was recognised as owner of the property then there is no requirement for NOC or relinquishment by your siblings towards the rights for any share in the property.
3. If the property was transferred by a registered gift deed as per transfer of property act, then there is no question of applicability of Mohemmedan law.
4. From your contents it appears to be an erroneous judgment, however without seeing the contents of the judgment no further opinion can be rendered.
1. The donor will be of whole custody if beneficiart is minor.
2. No it doesn't but you need to prove oral hiba in this case.
3. Both the below things
