• Illegal revocation of Gift Deed

In 2003 a Gift Deed was made by father to his eldest daughter and duly registered.  Father's property is self acquired.  Extent of property is 3200 sq. ft. vacant land. Actually half of the property was given as gift (1610.5 sq ft.) to his eldest daughter in-lieu of jewel (as per in-laws proposal)  and another half of the property bought by husband of eldest daughter (me).  Since it is a family matter, we went for Gift Deed to  reduce registration charges.  After Registration of Gift Deed in 2003, we all went abroad and all the original gift deed documents including parent documents were kept by in-laws.  We have not engaged any muslim scholars or lawyers for registration.  We did the registration as normal in the registrar's Office. However, whenever we demanded to return the original documents, my in-laws refused.  We are demanding continuously  till the year 2007. In spite of repeated requests they refused to return back the original documents. 

In 2007, the same property was passed on from his eldest daughter to her own 4 minor children by way of a registered  settlement deed.

However, we have not changed the names in the revenue records since we went abroad from 2003 and my in-laws are refusing to given back our documents.

In 2008, father cancels the original Gift Deed made in 2003 in favour of his eldest daughter for the reasons that we have not changed our names in the revenue records and therefore he does not wish that the gift deed of 2003 is in force.  Again, in 2013, he (father) makes one more settlement deed to his 2nd son.  He did the Cancellation in 2008 and and another settlement deed in 2013 without the donee's consent and without any court's directive. He did this from our back. However, in the settlement deed made in 2013 no previous transactions were recorded i.e. Gift Deed made in 2003, Cancellation done in 2008.

Please enlighten me as to what action I should take?.  If I approach civil court for redressal based on what law the court will decide i.e. General TP Act/Gift Act prevailing in India or whether this will be decided on muslim personal law.  If it is decided by general TP Act/Gift Act what are the chances for me.  Similarly, if it is decided by muslim personal law what are the chances for me to win this case.

Your valuable advise is very much appreciated.

Regards
Syed
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
for revocation of gift deed father had to move court . he cannot unilaterally cancel the gift deed . his daughter continues to be owner of property . your wife will have to challenge the cancellation of gift deed as well as settlement done in favour of 2 nd son . 
you have a good case on merits . During his lifetime a Muslim has absolute power over his property. He may dispose of it in whatever way he likes. But such dispositions, in order to be valid and effective, are required to have operation given to them during the lifetime of the owner. If a gift be made, the subject of the gift must be made over to the donee during the lifetime of the donor; he must, in fact, divest himself of all proprietary rights in it and place the donee in possession
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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your wife will have to challenge revocation of gift deed made by father . also settlement done in favour of 2nd son . she will in said suit mention about settlement done in favour of her children . since title in property has been passed to your children you as natural guardian would also be party to the proceedings . you also have to challenge the revocation . 

since both donors and donee are Muslims i mentioned during life time donor ie father can make gift in favour of daughter and place daughter in possession . such a gift would be valid . revocation is illegal .
Ajay Sethi
Advocate, Mumbai
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Once gift is made it cant be cancelled the power of cancellation is only with civil court, gift become absolute.
Pradeep Bharathipura
Advocate, Bangalore
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I am not a criminal lawyer . I cant advise you regarding filing of criminal cases . don't start any construction now . you can submit building plans for approval to corporation . wait for plans being sanctioned . then decide after consulting your local lawyer
Ajay Sethi
Advocate, Mumbai
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A court of law alone is competent to cancel a gift deed. It could not have been cancelled by your wife's father with the stroke of a pen. Your wife continues to be the owner of the property gifted to you. In order to protect the rights she assumed as a donee she will have to challenge the cancellation made by her father in addition to the subsequent settlement made in favour of the son.
Ashish Davessar
Advocate, Jaipur
18259 Answers
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The court will handle the matter on merits. Go ahead and file the case swiftly lest your remedy is foreclosed due to the delay.
Ashish Davessar
Advocate, Jaipur
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i have already advised you that Muslim can during his life time execute gift of his property . it is not necessary to engage a muslim lawyer for drafting gift deed . any lawyer who has basic knowledge of law will do . what is important is stamping and registration of gift deed . further donee should have been placed in possession by the donor
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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