MY Mother( Muslim) brought property ( vacant land ) on her name 20 yrs back from a third party(non muslim) through sale deed. Now she is healthy. My FATHER died just 7 months back , After my father’s death my mother did registred gift deed to me (son) . Now my 3 sisters already married and settled 25 yrs back. Claiming that , my mother had not having independent income and she brought the prop with the fathers income , hence she has no right to do registration, hence claiming the share on the property. My father did a small business. He had no income proofs at that time ( I mean to say income tax etc ) it is very small business. Kindly let me know wether the registered gift deed done by mother on my name is valid as per muslim law.? Or my sisters also have the right on the prop..? Once agin I remind you my mother is healthy now ….. and she supports me. One more thing my father did gift deed registration (land) on my name in 2005 , which was on his name My mother did one gift deed registration ( land) on my name in 2001 , for which my father is the first witness. ( brought on her name by sale deed in 1986. ( from out sider) ) in the gift deeds on my name in the stamp papers, it is clearly mentioned that Property is handed over to me PHYSICALLY with immediate effect and transferred all the rights to me etc., Are all these registered gift deeds are valid….? My sisters claim on these properties simply saying that the prop brought by father and kept on my mother’s name . she(mother) is having no independent income.. And claiming as joint property ( but in fact we had not stayed jointly ) My sisters filed a suit for their shares to pass decree Wether it is valid ? My I scan and send a suit copy to you? Please advise me regards..
Hi, once the gift deed was executed and it can't be cancelled and in your case your mother is the absolute owner of the property so she can gift the property to anybody she want and other have no right to question it.
2. The gift can be seaside only when it was executed by fraud or coercion or undue influence.
3. They can't challenge the gift deed on the ground of independent income.
1) your mother is absolute owner of the property
2) she cna execute gift deed in your favour
3) once gift deed is executed you would be absolute owner of the property .
4) your mother can in reply to suit state that she had purchased property from her own funds .
5) mention that your father did not have any source of income .
6) enclose evidence to show she bought property out of her own funds
she brought agriculture land in 1973 ( in the stamp paper on her name written that she brought it from her own funds) with that agriculture income she brought the prop in 1986 , 1996 etc can we show it as evidence ? or my uncle ( my wifes father) given amount( having bank proof of withdraw in that time 1996) to me and inturn i give it to my mother to purchase the land can this be valid? waht if i had no evidence at all for my mothers income? if i could not prove that my mother had income it could be a problem for me? my sisiters also not having any evidence of income for my father one more thing iam govt employee from 1993 , can i give my savings to my mother , in 1996 to bring the same...which can be treated as proof of income. please clarify clearly regards
she brought agriculture land in 1973 ( in the stamp paper on her name written that she brought it from her own funds) with that agriculture income she brought the prop in 1986 , 1996 etc can we show it as evidence ? or my uncle ( my wifes father) given amount( having bank proof of withdraw in that time 1996) to me and inturn i give it to my mother to purchase the land can this be valid? waht if i had no evidence at all for my mothers income? if i could not prove that my mother had income it could be a problem for me? my sisiters also not having any evidence of income for my father one more thing iam govt employee from 1993 , can i give my savings to my mother , in 1996 to bring the same...which can be treated as proof of income. please clarify clearly regards
1) your mother can show that property was bought from agricultural income
2) your mother can mention property was bought out of funds received from your uncle
3) your mother evidence would be crucial in your case .
4) your sisters has to prove allegations made in suit that property was bought from funds given by father
Hi, these are all the documents are sufficient to prove your case but i have doubt whether your mother has registered the property before the Sub-Registrar or not and if it is registered then only she can dispose of the property through gift deed.
2. If the property is not registered then she can't gift the property.
3) your mother evidence would be crucial in your case . please elobrate... if iam unable to give income proof for mother what could be the consequences,? prop brought 20 yrs back on my mothers name
your mother statement on oath that she bought the property from her own funds would be necessary to substantiate her case that it is not joint family property
2) she should rely on her bank statement from where the funds were given for purchase of property
1. Your mother's title to the property has to impeached before her right to execute a gift deed can be questioned. Regardless of who paid the consideration of the property the title vests in the person in whose favour the title deed has been executed. Your sisters have to lead insurmountable evidence to prove that the consideration was paid by your father and not mother before they can taste success in the court.
2. Since your mother is alive she should be able to testify in support of her title. The burden to prove the absence of a source of income of your mother, as on the date of registration of property in her favour, would rest squarely in your sisters.
1. It is your sisters who have to prove the lack of a source of income of your mother as they have filed the suit. The onus to prove the case rests on the plaintiff. If your sisters succeed in proving lack of income of your mother they may be able to cull out their share.
2. Giving your savings to your mother will not create income in past of your mother.
Kindly let me know wether the registered gift deed done by mother on my name is valid as per muslim law.?
Or my sisters also have the right on the prop..?
Even in general law, the property owned by an individual can be disposed by that individual in any manner and to anyone of its choice, the others who may be very close relative too, have no rights in it nor they can object to such gift deed transfer made by the person having a marketable title.
My sisters claim on these properties simply saying that the prop brought by father and kept on my mother’s name . she(mother) is having no independent income..
It can be challenged properly. This plea is not acceptable in law, you can ask her to prove her pleadings which can be disproved subsequently.
waht if i had no evidence at all for my mothers income?
Your mother can step into witness box and depose evidence stating that she had sufficient income to purchase the property (including the amount given by her father and brothers), this will take care of other issues.
your mother evidence would be crucial in your case .
please elobrate...
if iam unable to give income proof for mother what could be the consequences,?
prop brought 20 yrs back on my mothers name
It is not necessary to worry so much about this issue, you may prepare your mother to depose evidence properly which will take care of this issue. Discuss this issue with your advocate who is the better person to handle this issue properly because whatever advise you may take from here may not be of any use for the trial proceedings if your advocate is reluctant to listen to your advise taken from here.
