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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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