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Father want to transfer land to me brothers opposing
25-Feb-2023 (In Muslim Law Law)
Our father has 6 acres land in Maharashtra. My father want to give 2 acres land to me but my 2 brother opposed to do this. This is my father self-earned property. How can my father transfer 2 acres on my name by sunni muslim property law? Can i make sale deed or is there any option for this?
It shall not be a sale deed as for a Sale Deed there shall be a buyer and a seller. The option available to you is transfer by way of Gift. In the Mohammedan law a gift is a transfer of property or right by one person to another in accordance with the provisions given in the Mohammedan law and includes-
a) A hiba, an immediate and unconditional transfer of the ownership of some property or of some right, without any consideration or with some return (ewaz); and
b) An ariat, the grant of some limited interest in respect of the use or usufruct of some property or right.
Where a gift of any property or right is made without consideration with the object of acquiring religious merit, it is called sadaqah.
The terms "hiba" and "gift" are often indiscriminately used but the terms "hiba" is only one of the kinds of transactions which are covered by the general term "gift". A hiba is a transfer without consideration. A gift by a Muslim in favour of his co-religionist must be under the Mohammedan Law. A gift is not a contract (though in Muslim law it is called a contract) but the principle may be applicable even to gift.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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