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Mother doesn't want to give share in property to one son. What to do?
21-Aug-2023 (In Muslim Law Law)
I am a muslin. My father passed away. The land is my mother's name. We are 3 brother's and 3 sisters. All 3 sister are married. My mother doesn't doesn't want to give land one child. Is there any provision under law?
Hello
Yes, your mother does have the right to exclude her son from receiving the land.
In the jurisdiction of Assam and West Bengal-
There are two ways:
1. Gift deed. She can execute a gift deed including the names of her five children as recipient of the property.
2. Sale deed. She can execute a sale deed in the name of her 5 children, thus transferring all the rights of the property to her children.
This way she can exclude your brother from receiving any part of the property and your brother won't be able to make any claim on it.
Regards.
Adv. F. Khan.
Yes, your mother does have the right to exclude her son from receiving the land.
In the jurisdiction of Assam and West Bengal-
There are two ways:
1. Gift deed. She can execute a gift deed including the names of her five children as recipient of the property.
2. Sale deed. She can execute a sale deed in the name of her 5 children, thus transferring all the rights of the property to her children.
This way she can exclude your brother from receiving any part of the property and your brother won't be able to make any claim on it.
Regards.
Adv. F. Khan.
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Adv. Fauzia Khan
Guwahati | 100+ Answers
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Can mother gift property to one son in India?
If a person wishes to give or bequeath all of his personal property to merely one son, then he can do so. In Hindu Law and Secular Law, India, there is no prohibition against a person disinheriting their other children in favor of one son. Only Islamic Law is an exception.
Can father gift property to daughter without consent of son?
In this case, the father has the right, without a daughters objection, to make a Will. In 2005, the Hindu Succession Act of 1956 was amended to allow daughters an equal share of ancestral property. 20-Dec-2022
Can mother sell property without consent of daughters?
Your mother can transfer property to her children without their consent, as she is the absolute owner by virtue of a registered Sale deed executed by her husband.
What is a gift deed in blood relation?
There are no legal requirements to determine if a person can receive a property as a result of a blood-related gift deed. It is important that the beneficiary is still alive when the gift deed is executed.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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