Property sharing according to indian muslim law

Dear Client,

Under Indian Muslim Personal Law, your father, as the owner of self-acquired property, possesses absolute discretion over its distribution during his lifetime. There is no concept of a child having a "right by birth" in a father's property, and inheritance rights only accrue upon the father's demise. Therefore, your sister cannot legally challenge your father's ownership or claim a share in the remaining property while he is alive.

Furthermore, since she has already received and disposed of a specific share of the property gifted to her by your father 11 years ago a valid exercise of his right to make a gift (Hiba) she generally retains no further legal right to claim an additional share. While your father's condition that she not sell her share was a personal stipulation, it would likely not negate the absolute nature of the gift once possession was delivered and accepted.

If your sister were to file a lawsuit, a court would likely dismiss her claim, upholding your father's absolute ownership rights during his lifetime and considering the fact that she has already received and benefited from a portion of his property.

Dear Client,
Regardless of the nature of property, whether it’s self-acquired or ancestral property, the Muslim Personal Laws and Indian Succession Act, 1925 provide specific provisions to safeguard the interest of beneficiaries. Muslims are governed in their personal matters, including property rights, under the Muslim Personal Law (Shariat) Application Act, 1937, which was introduced to replace customary law. According to the Islamic law, Muslim person who owns the property is not his exclusive property even if he has the ownership of the property. Section 2(1) of the Muslim Personal Law (Shariat) Application Act, 1937 talks about the application of personal laws to Muslims which says that concept of gifts(Hiba), intestate succession, waqf, inheritance shall be governed by the Muslim personal law. There are also several ways of alienating the property during the person lifetime as well as the after demise of the person. Gift can be done under two situations that the first one is during lifetime and other one is after the death of the person that is by way of testamentary instrument. In both the situations the owner of the property can transfer the property but only difference between the two is that when the person is transferring the property during the lifetime, he can transfer unlimited amount of his property to anyone that is without taking consent of anyone. Any child born into a Muslim family does not get his right to property on his birth. Muslim law does not create any distinction between the rights of men and women. The question of inheritance of property in Muslim law comes only after the death of a person. A wife is entitled to a 1/4th share in the property of the husband if they are childless. And 1/8th share in case there are children. Under Muslim law, there are three classes of heirs • SHARERS, RESIDUARIES, and DISTANT KINDRED and out of these three, children, both sons and daughters, are the residuaries in the father’s property. A daughter is allowed to take her share in the partitioned property irrespective of her marital status. The share of the son and the daughter are in the ratio of 2:1.The son is entitled to double the amount of property than the daughter. Hence it is recommended to consult with an Advocate experienced in muslim laws to understand your rights and remedies in the given situation.

Dear Sir,

Under Muslim personal law:

A daughter does not have any inheritance right during the father's lifetime.

A father has full control over his self-acquired property while alive.

Any claim for “share” or “partition” can arise only after the father's death.

Ask your father to document the previous gift in writing (if not done) — include date, description of property, intention, and acceptance by your sister.

Consider executing a registered declaration or affidavit by your father stating:

The earlier gift to your sister

That the remaining property is not intended for her