Can Muslims Dispose of Property During Lifetime in India?

2025 Supreme(Online)(Ker) 58709

of CrPC 1973 on the ground of inability to maintain herself, in such a factual matrix, undeniably, the right to move under this provision is open in favour of a divorced Muslim woman. ... There is nothing in the Muslim Women Protection Act, 1986, that indicates that the right of the Muslim divorced wife, which they had under Section 125 of Cr.P.C. before the enactment of the Muslim Women Protection

2025 Supreme(Online)(Guj) 12756

command and the traditions of Prophets and Hanafi Law, Hedaya and Fatwa-E- Alamgiri, have created a balance by giving the testator a limited right to dispose of his property according to his wishes and at the same time the power has been limited to safeguards the interests of the heirs and this tradition ... Unlike Hindu law, the Muslim law of inheritance does not recognize the concept of ‘right by birth’ Under Muslim law, an heir does not possess any right at all bef....

Where a Muslim deed of gift was expressed in the following terms : We the said donors, reserving both of our life-interest to the thus described property shall possess and enjoy the produce thereof till our life-time, shall live thereon and make a perfect use of the same. ... one of us shall have the right to possess and enjoy the produce of the properties all our lifetime. ... Their Lordships then proceeded to state that all the terms of the deed must be taken into consideration when construing ....

High Court Malaya Kuala Lumpur

Re Man Bin Mihat, Decd [1965] 1 MLRH 338 the Court held it lawful for a Muslim to dispose of his property during his life time by way of a gift or through trustee. a href=".. ... [11] The 2nd applicant has by a Statutory Declaration dated 14 December 2017 given and renounced his right to the Property to Sharifah Norzi Laili binti Syed Hashim (IC No: 620520-02 ... And it must be noted that the plaintiff in this case never had possession of the property and the Court applied trust law to dispos....

2022 0 Supreme(Guj) 1064

State, AIR 82 PATNA 89 for the proposition of law that as per the Muslim Law, right or interest in the property by the hiers can only be acquired, after the death of the father and during his life time, the major sons do not have any share or interest in the said property and it is absolute authority ... It is submitted that the plaintiffs have right, title and interest in the said property and their father, during his life time, has executed initially the sale deed d....

In that case Garvin J. drew a distinction between a life interest or usufruct and a right to the income. ... She has not even retained all the rights which would come under the lesser right of usus. It is urged she has retained a life interest, but she has retained nothing which seems to me can possibly be described as a real right or such an interest as in English law would be an estate for life. ... in the case on the ground that the donor not merely intended to reserve a usuf....

If I may paraphrase -I hope accurately-these words of Garvin J., I would say that Muslim law only recognizes as gifts those gifts purporting to be made in praesenti from one Muslim during his life to another Muslim, and that it does not, recognize as-indeed knows nothing of-gifts which are to take ... The latter knows several kinds of gift, that inter vivos in praesenti, that inter vivos to take effect at a future time, that inter vivos not to take effect till the death of the donor, and the donati....

It is rather a question of the right of an owner of property to dispose of it according to his pleasure. ... Where a Muslim, by a deed of gift inter vivos intended to take effect immediately, reserved to himself during his life-time " the full and unfettered right of residing in any of the premises hereby gifted and of taking and enjoying the rents, profits, produce and income of all the ... son should have any control over or possession of the premises during his father's #HL_....

Where a Muslim gifted to his son immovable property, reserving a life interest and the right to dispose of the property during his lifetime, and there was no delivery of possession, actual or constructive, to the donee,- Held, that the gift was not a valid one under ... There are a few reported cases which show that, from time to time, documents evidencing an intention to convey property by way of gift subject to the reservation of a life interest, have been e....

Muslim law-Gift by parents to. children-Reservation of life-interest- No acceptance on possession-Validity. ... Where Muslim parents conveyed to their minor child by a deed, styled a deed of settlement, a land reserving to themselves a life-interest and the right to mortgage or transfer the land, and there was no acceptance on behalf of the minor,- Held, that the deed ... The principle laid down in this decision is not defeated by the reservation of a right to mortgage or tra....

2011 0 Supreme(Mad) 3432

Only his wife and his two nephews (sister’s son) are alive and he wants to dispose of the property during his life time. He wants to provide for management of the properties in such a manner that after his death his wife so long as she remains alive will be the absolute owner and party in possession of all his properties and after her death, the rights over the would be inherited by his two nephews.

2010 0 Supreme(P&H) 1536

The last male holder/sole surviving co-parcener enjoys the same powers of disposition of the inherited property as self-acquired property." A coparcener, subject to the local customary laws, can claim partition of his ancestral property from his father. A Hindu male has absolute right over his self-acquired property and can dispose it of at his will.

2010 0 Supreme(P&H) 1424

The last male holder/sole surviving co-parcener enjoys the same powers of disposition of the inherited property as selfacquired property." A Hindu male has absolute right over his self-acquired property and can dispose it of at his will. A coparcener, subject to the local customary laws, can claim partition of his ancestral property from his father.

2009 0 Supreme(Kar) 313

Thus, it can be gathered from the very conduct of the Defendant No.1 and 2 and other Defendant No.6 that as to how they have managed to create a unworthy document by examining their own hentchman in support of alleged Will. The plaintiff has proved that she is legally wedded wife of deceased Gurubasappa Hegge and she is entitled to claim partition in the suit properties. No prudent man can believe that a person will dispose of his share in the joint family properties in favour of his own brothers, during his life time. Such a Will said to have been executed by the deceased ....

2007 0 Supreme(Bom) 435

There is no bar under the Mohamedan law that a Memodian can not dispose of his/ her property during his/her life time. 1, During the deceased life time itself, the distribution of all those movable and immovable properties had been accepted by the plaintiff and defendant No. 1. They have been in possession of the same till this date, accordingly. The deceased, therefore, during his life time, had distributed, granted and gifted away all his properties between the plaintiffs and defendant no. Defendant No. 1, therefore, became the owner of the Karad property also as it was p....