• Is registration done by muslim mother to son valid in her life time

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..

shaik.babu1971@gmail.com
Asked 1 year ago in Property Law from Khammam, Telangana
Religion: Muslim
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.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0



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. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
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. 

T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
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