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Property is transferred to me through gift can my sister object
21-Jan-2023 (In Property Law)
HI My grand father sold a house to my father and my father written a will to me by giving that house as a gift, now my sister registered a case on that property for her share, can you please let me know my sister can get her share under muslim law. If no what can be done for legal process.
Hi
There is a huge difference between a Will and a Gift.
a) Will- A general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs.
b) Gift- It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift
You have said your father has written a will by giving it as a gift. Please clarify whether your statement in light of the above for us to provide you a legal advise.
Will is different from Gift . We need to see what kind of gift your father has given to you
There is a huge difference between a Will and a Gift.
a) Will- A general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs.
b) Gift- It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift
You have said your father has written a will by giving it as a gift. Please clarify whether your statement in light of the above for us to provide you a legal advise.
Will is different from Gift . We need to see what kind of gift your father has given to you
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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