To ensure the property is free from any encumbrance like Hiba or gift under Muslim law, you should consult with a local lawyer who is well-versed in Muslim personal law. They can help you review the ownership history of the property, identify any potential legal issues, and provide guidance on how to clear the title if necessary.
When drafting the sale deed specific to Muslim law, it is advisable to include clauses that address issues such as the transfer of ownership, warranties, representations, and indemnities. You should work with your lawyer to ensure that the deed complies with Muslim law and adequately protects your interests as the buyer.
Under Muslim law, the rights of minors to inherit property are protected, and their interests must be taken into consideration when dealing with property transfers. It is essential to ensure that the sale deed clearly states the ownership rights of the minors and outlines how their interests will be protected during the sale and transfer process.
As the buyer, it is advisable to request declarations from the sellers (brother and sister) confirming that they are the rightful owners of the property and have the authority to sell it. You should also ask for any relevant documents that support their ownership claims and verify them with the help of your lawyer. This can help to ensure that the sale is conducted lawfully and without any legal disputes in the future.