Gifts

Gifting a piece of land to one's wife without transferring it legally

5 days ago By user2

Q: I own a piece of land that I purchased. I would like to transfer it to my wife's name, but I am unable to do so at the moment because I don’t have the funds to cover the expenses. My questions are: 

1. If I verbally inform my wife that I am giving her this land, would this transfer be legally valid even though the documents are still in my name? 

2. If this verbal transfer is valid, can I inform my parents and siblings that the land belongs to my wife? I have no children, and I want to ensure that they have no claim to it in case I pass away. 

3. Transferring property can sometimes take a long time. Is it possible for me to create a will with a notary to address this matter? 

Verbally giving someone a gift

6 days ago By user2

Q: If a person intends to gift a certain amount of money, around USD 100, to someone when he verbally made a certain statement saying that he has gifted USD 100 to the giftee with the intention of relinquishing his entire right of ownership, granting control to the giftee and spending money in whichever way she pleases on the amount of USD 100, but does not physically hand over the money to the person who is meant to be the giftee. 

Will such a process of gift be considered completed or not?

Siblings denying their sister her right in land that was gifted to them

2 weeks ago By user2

Q: We are 1 sister and 3 brothers. My youngest brother I and are Indian and the other 2 are Malaysian. My Mother is Malaysian and the owner of 20 acres agricultural land. During her lifetime she announced Hiba for an equal distribution of the land under which she gave 5 acres to my middle brother due to his financial condition. I being an Indian was constantly using my share of profit along with my mother as her sons never took up her responsibility except for food and lodging. Now she is suffering from dementia but still remembers her hiba for her 3 children. 

Question 1- if a child is in a foreign country then how would she fulfill the requirement of Malikana Haq as I too am not financially strong to travel internationally often? 

Question 2- there are witnesses for the verbal hiba. 

Q3- in one of my recent trips in 2022 in front of my mom I verbally took possession of my land and wanted to utilize the profit till I could sell it, but my Malaysian brothers refused to do so. Both of them has taken their share under hiba and supporting the Indian brother and denying my right on the pretext that I don’t have the Milkana Haq- Total Possession of land. 

Question- How would it be established that I too have the right to 5 acres land as for the past 10 years my mom and I have been using the profit by mutual understanding?

Gifting of the house and inheritance

4 months ago By user2

Q: My father had eight brothers and one sister. From the eight brothers, my grandfather had a small son. The small son’s hand was cut off in an accident when he was studying. 

Now, my grandfather gave his house to his young son whose age was 25 because his hand got cut, but my grandfather only gave him the house, not the things in the house. At the time when my grandfather gave him the house, my grandfather and grandmother were also staying in the house. After my young uncle began damaging the house, my grandfather took the house back and gave it to my grandmother. My grandfather gave my grandmother the house and everything inside the house. Thereafter, my grandfather passed away. 

My grandmother then decided to give the house to my other uncle. She told him that he can take the land, build on it, and whatever is the existing property, after breaking it e.g. the tiles, the wood etc., he should distribute it among the other brothers. However, he got angry and never took anything. 

My grandmother then came to my father’s house and gave him the entire property (the house and everything inside the house). My father was the eldest son. My father then sold the property for seven hundred thousand rupees. My father wants to know what should be done with this money i.e. who does the money belong to? Should the money be given to all the brothers or can he keep the whole amount for himself?

Parents being just in giving gifts to their children

1 year ago By user2

Q: My aunt has 4 children, 2 sons and 2 daughters. In our culture mothers give gifts to their daughters and their families (daughter's husband and children) once during the winter and once during the summer time. Is it possible for my aunt to give gifts only to one of her daughters?

My uncle does not work, so she gets the money from her sons. I'm asking this question because we have read that we have to be just in giving gifts to our children.

She got to know that this rule (being just in gift-giving) is valid only when the mother is getting money from her husband.

Accepting a gift that is being returned after a strained relationship

1 year ago By user2

Q: Zaid and Amar had a very good relationship. During this time Zaid had given some gifts of cash and also some items to Amar. At the time the gifts were received and accepted and also used. Recently some issues arose due to which the relationship is very strained and Amar is very upset with Zaid. Amar has now sent back an amount of cash equivalent to the hadya that was given to him. He has also sent the gifted item back which had been previously accepted and used as well. The questions are:

1. Will the cash sent by Amar be deemed to be a return of the actual gift that was given to him, and will Zaid be obliged to take it back?

2. Will the item returned, which was accepted and used, be deemed as a return of the actual gift?

Subscribe to Gifts