Advocate Babu Mandein

Questions Answered by Advocate Babu Mandein

Q: Can my mother gift me her property

We are Hindus. My father and mother jointly own a property . House is built on it. Father expired last year can my mother gift to any one of us the ownership.

Advocate Babu Mandein answered
Your mother can gift her undivided right in the property to anyone of her choice. Her right means her undivided right as per title and as inherited being the widow of her deceased husband. Your father's undivided right would be devolved upon his wife and children and his mother, if alive at the time of his death

Q: Can a mother gift a property to her child

My father bought a land registered in his and mother's name. Built a house. Last year he expired. Can my mother gift to any one of us directly the ownership. Is the consent of other children is required for it.

Advocate Babu Mandein answered
Mother can gift her undivided rights to anyone of her choice. Her undivided rights mean her undivided right as per title deed (since the property was purchased in her name and in the name of her husband) and inherited right being the widow of her deceased husband. Your father's undivided right will be inherited by his wife and children and by his mother if mother was alive at the time of his death. (the details of inheritance is stated on the assumption that your father and mother are Hindus). In other cases, there will be slight variation as far as the inheritance is concerned and the right to gift undivided rights remains to be the same.

Q: Legal procedure to file for divorce by wife under muslim law

Hello. I'm a Muslim women who is married for since last 8 years and have got a son who is in 1st standard.My husband is in dubai and im in native. I found out 2/3 times some messages of my husband and other women which are indirectly not ethical in husband and wife relationship. I doubt on him now. Even his parents are mentally torturing me for simple things. They torture in the name of my family too. I would like to get divorce from him. But my parents are telling it's all normal in husband and wife. They are telling that because of their status in the society.

Advocate Babu Mandein answered
You can file a petition before Family Court for dissolution of marriage as per the provisions of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 under any of the following grounds :(i) that the whereabouts of the husband have not been known for a period of four years;(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;(v) that the husband was impotent at the time of the marriage and continues to be so;(vi)that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:Provided that the marriage has not been consummated;(viii)that the husband treats her with cruelty, that is to say, ?(a) habitually assaults her or makes her life miserable by cruelty of conduct even if suchconduct does not amount to physical ill-treatment, or(b) associates with women of evil repute or leads an infamous life, or(c) attempts to force her to lead an immoral life, or(d) disposes of her property or prevents her exercising her legal rights over it, or(e) obstructs her in the observance of her religious profession or practice, or(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;(ix)on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: