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One of my friends who is a Muslim wants to gift his property. He has been told that under Muslim Law an oral gift can be made. Can a Muslim make an oral gift and how the same can be lawfully done?

- by Ramesh, Basavanagudi

A Mohamdean can gift an immovable property by making an oral gift provided three ingredients are satisfied. These ingredients are (a) there must be a declaration of gift, (b) there must be an acceptance of gift by the donee, and (c) the possession of the property which is the subject matter of the gift must have been delivered to the donee, where the donor and the donee reside together an overt act is necessary. Unless these three valid requirements of declaration, acceptance and possession are satisfied, an oral gift under Mohamadean Law is not valid.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We have a house in the heart of Bangalore City.  It has been registered in my husband’s name.  Over the years due to some misunderstandings in the family, he says that he will gift the house to some charitable institution.  We have two children, a boy and girl.  Don’t we have a right to the property?  Can he give away the house just like that?

Q:- My friend owns a site. Originally there were two different sites, one inherited and another purchased by my friend. Later on my friend got a clubbed katha for both the sites. He has recently gifted the entire site to the sister of his wife. My friend has two children who are not happy about this transaction. Please advise whether is transaction is legal.

Q:- Kindly refer your excellent article on All about Gift Deed appeared in Indian Express on 25th Nov.  You have stated in the above article that there is a concession in stamp duty and registration if gift is made to the family members “spouse, sons, daughters, daughters-in-law and grandchildren”. Kindly clarify whether this concession is applicable to “gift of immovable property from brother to sisters and also from sisters to brother”.  I would seek your kind clarification at the earliest.

Q:- I have recently purchased some immovable properties at Banaswadi out of my earnings.  I do not have any children and have adopted a boy who is 17 years old. I want to gift some of my properties to my sister by will but natural parents of my adopted son are objecting to this stating that it is against law.

Q:- I want to gift some self acquired buildings to my daughter. Is there any rebate on the stamp duty payable and registration charges?