• What is Islamic ruling for division of property among siblings?

A-Father
B-Mother
C-Son
D-Daughter
E-Daughter
F-Daughter
G-Daughter
 
1.       A & B expired during 1998 & 1999, but left no will for the distribution of their property left behind. All the properties which was under the names of A & B are under process as per the rule of Shariah Court. All the matters are clear & well understood among brother & sisters, & there appears to be no issue up to this stage. There is one house where the whole family was living since 1977 together. All the sisters (D,E, F & G) are married, & living in their houses with their families now. Son (C) was staying with his family & parents in that house. During 1997 A & B transferred the house under the name of C with their own wish & intention, as a gift.
Now there is no dispute in anything regarding the property matters among the brother & sisters, but C is somewhat doubtful that sister/sisters are not so happy with this decision of A & B regarding the gift of the house? In your opinion & as per Shariah, what steps to be taken by C that all will remain smooth & peaceful among the brother & sisters if something comes up in future? 
 
2.       Another matter is regarding some funds which A invested through the personal funds of C with the help of a joint account of A, B & C, when C was not present in home country. Later on A informed C about such investment in the property. When A was retired & was unable to pay the remaining balance of another  property (land), A requested C to pay the remaining balance as & when convenient to C. Later on all the expenses incurred so far was under the responsibility of C, for all the wear & tear of the available properties (including the house, as stated in 1 above).
Purpose of discussing above point:2 is, if sisters of C do not agree & want their shares in the house (Point:1) then possibly C also has the right to claim what partial investments & expenses were incurred for the wear & tear of all the available properties?
 
C was somewhat happy with the prevailing situation, whatever was available as it is. If sisters (D, E, F & G) do not claim anything from Point:1, then it seems to be more justified that brother (C) will remain quiet regarding Point:2 above. Please take your appropriate time to understand the situation & advice as per your available convenience!

Email Address: mahartcontours@hotmail.com
Asked 4 months ago in Property Law from Canada
Religion: Muslim
1) once gift deed is executed by father and mother son C would be absolute owner of property 

2) it is not necessary that among Muslims gift should be stamped and registered 

3) the 3 essential requirements for hibanama have been fulfilled namely declaration by donor acceptance by donee and delivery of possession. By the donor 

4) in case daughters move court to set aside gift deed they will have to prove that gift was given under coercion or undue influence or that father and mother were not of sound mind 

5) C can claim partial investments made in second property of sisters demand share in first property
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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It is your case that parents were absolute owner of property and transferred house in favour of brother as gift in presence of witnesses 

2) gift was duly accepted by your brother 

3) in such a case your brother would be absolute owner of the property 

4) among Muslims it is not necessary that gift deed should be regd 

5) if the house was in name of your aunt then your father was not the owner of house 

6) your aunt should have executed gift deed in your favour . I presume on such a case your father and mother would be the witnesses 

7) you have stated that advertisements were released in newspapers and all legal formalities completed for transfer of house in consultation with lawyer 

8) it is necessary to peruse gift deed to advise further 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1. In the given facts, C became the absolute owner of the property if the hibanama i.e gift deed passed through the following stages (a) an offer made by the donor (b) acceptance of the same by the recipient in presence of witnesses and the delivery of possession to the donee. Hibanama in case of Muslims does not require registration or payment of stamp duty.

2. The daughters are at liberty to challenge the gift deed but they will have to prove that the gift deed was executed without the free consent of the donor i.e it was executed under coercion, undue influence or fraud, failing which the court will not decree the suit.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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In your opinion & as per Shariah, what steps to be taken by C that all will remain smooth & peaceful among the brother & sisters if something comes up in future? 

Since the property was transferred in favor of the son C by his parents by a registered gift deed, it is valid and cannot be challenged by anyone for any reason since the transferors had perfect marketable title to execute the same. Thus his sisters also cannot challenge the same in law.






Purpose of discussing above point:2 is, if sisters of C do not agree & want their shares in the house (Point:1) then possibly C also has the right to claim what partial investments & expenses were incurred for the wear & tear of all the available properties?

C's sisters do not have any rights in the house property which has been properly and legally transferred in C's name, hence if at all they want to have their share, let them approach court and the court will decide against them based on the facts. 





T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Delays & delays occurred & it is taking almost 16 to 17 years to accomplish with the concerns of the prevailing situation, due to uncountable factors & reasons of non-awareness with the importance of the subject among all the sisters & brother, non-availability of specific individuals in the home country, financial conditions to attend the matters on time, law & order conditions, complicated court systems, sudden raise of the subject by August 2015 etc. - 
Dear Author, 
You have not stated the problem or sought clarification for the problem you are facing.
There is nothing that you can be rendered legally to your long and elaborated sory by your subsequent post.
Hence revert with your question and releif sought for it legally. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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