How to enforce division of property under muslim personal law

842 votes

Your husband has two option to transfer the property in your name and just affidavit may not suffice.
One is writting a Will and second is tranfering the property via Hiba/GIFT deed in your name and easy to do.

Transfer of property made voluntarily without any consideration by one person on the name of the other is gift deed.

It is important that the donee should accept the property gifted to him. A gift deed is drawn during the lifetime of the donor. If the donor dies before the gift deed is accepted then, the gift deed becomes void. It is important that the property you are donating as gift deed is earned by you or is a part of your share.

As far as will ( Wasiyat) is concerned it is the legal declaration in which a person drawing the will can name one or any number of persons as beneficiary of his various assets including property and funds. Will comes into play only after the death of the testator.



Both gift deed and Will are different as legal instruments. A ‘Will’ is always revocable during the lifetime of the testator, even though it is registered or not whereas, gift deed once given is irrevocable. The revocable term implies that if a person after drawing a Will changes his intentions; he can again execute a very new Will. However, law does not allow the donor to make a new gift deed or change his decision. in these two ways, he can secure you.

Advocate Mirza Faizan Assad LawRato

754 votes

As u say in ur case ur husband want to secure ur future ..

For this he will have to make a will(wasihat)
And not affidavit...

To make that will and discuss the matter in further detail yu can contact me anytime through lawRato and get ur work done in the shortest period of time..

Advocate Mohamad Shafiq Shah LawRato