your father had during his life time executed gift deed in favour of your mother . as on date your mother is absolute owner of the property . you cannot make any claim on on said property during your mother lifetime
Muslim inheritance law
I would like to know ,whether a son can claim property from his mother ? Property was primarily registered under my fathers name, he later gifted it to my mother (the gift was made on trust grounds assuming that a mother would naturally succeed the property to me). I am the only child and i want to claim this property which is worth approximately Rs.3 cr. Location :Bangalore Please clarify if any such law exists which would entertain such a claim. Email :hive@live.in
Asked 10 years ago in Property Law
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5 Answers
Hi, During the life time of your mother you have no right.
In that case.. Property was given in the form of a "Hiba" . Can my father revoke the hiba
Asked 10 years ago
Find out if the gift is complete and valid. If not consult a competent lawyer and take steps to claim your share of property.
i) As to a valid gift, under Mohammedan law, three essentials conditions are required: (i) declaration of gift by the donor (ii) an acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the subject of gift
A Mohammedan on the other hand can revoke a gift even after delivery of possession except in the following cases:
(1) When the gift is made by a husband to his wife or by a wife to her husband;
(2) when the donee is related to the donor within the prohibited degrees;
(3) when the gift is Sadaka (i.e. made to a charity or for any religious
purpose).
(4) when the donee is dead;
(5) when the thing given has passed out of the donee's possession
by sale, gift or otherwise;
(6) when the thing given is lost or destroyed;
(7) when the thing given has increased in value, whatever be the cause of the increase;
(8) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding; and
(9) when the donor has received something in exchange for the gift
Except in those cases, a gift may be revoked at the mere will of the donor, whether he has or has not reserved to himself the power to revoke it, but the revocation must be by a decree of court.
since in your case father has made gift in favour of wife it cannot be revoked
Thank you for answering. I have to consider other options, and also there are three types of Hibas' which deal with complicated legal clauses. I will contact a lawyer in person. Please close this thread.
Asked 10 years ago
thanks for your appreciation . query is resolved