Gift Settlement Deed of Whole Property to only one Son out of other Heirs
2 years ago
We belong to Hanafi Muslim Family, Initially, Natham Poramboke Patt of 3 cents was assigned by TamilNadu Govt. to my father, Balance of 2.5 Cents was advised by govt. to pay Rs.4076 and get the full 5 1/2 Cent Patta in the year 1976. But, my Father had no funds to pay and obtain the 2.5 Cent and died interstate in 1997. Later all Revenue Doc's Mutated in my Mother Name. Elder son supported with money and she paid to govt. and applied to issue 5 1/2 Cent full Patta on her Name by supporting all revenue doc's mutated on her name. Based on the Name of my Mother in all Revenue Doc's Thasildar has issued full patta for 51/2 Cents in my mother name in 2001.
Question:
1. Is my mother the absolute owner of the Property after the death of my father?
2. Is she eligible to gift her whole property to one son when she has a total of 6 heirs?
3. Does the full Patta make her the absolute owner or is there any scope of inheritance law?
Under Muslim law, no widow is excluded from the succession. Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of the inheritable property. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. Your mother can gift the property which she has right upon to whoever she wants and not those share on which she does not has any right. Please contact for further advice.
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1. Ideally what belonged to your father should be distributed among all the legal heirs including your mother but since the mutation is done in your mother's name so that needs to be clarified and cleared though court case if not settled among the members
2. Unlike Hindus there is no concept of ancestral or self acquired property among Muslims and thus all property have similar nature and should be passed on to all legal heirs. Your mother can only gift that portion of the share which will come to her and not the rest potion which would go to all other legal heirs.
3. This has created a complex situation as patta is produced in her name. I think to establish the true fact of the matter and distribution of share you might have to move a petition to the court.
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