• Can Muslim gift registration to son be questioned by sisters

Respected sir

my father did gift regisration house +plot  to me (son) ( at dist sub registor office) in 2009, i have 2 younger and 2 elder sisters, father died on 09/03/2015 , now my 2nd sister and 3rd and 4th sister sent summons to me about there share on all the properties
the other properties ie lands on the name of my mother ( my mother acquired properties by sale deed  with her own money from third parties ) ..she did one gift regi in 2001 and 2009 and other 2 gift reg in 04/2015 ( after my fahter passes away) on my name 
my mother is now in good health and fully supports me
my sisters got marriage 23 yrears back and 2 of them are govt employees drawing 60000 per month
and having good properties of their own
they falsly claiming that ours is joint family and father is main person in muslim family and mother pardha wearing lady not having her own income and saying that father kept the properties on my mother by love and effection

but i have all link documents of my mother and father  , she acqired pro by sale deed from third parties and that to 20 yrs back ( approx)

actually we are belonging to bc-b  dudekula caste 

kindly guide me how to face the situation
Asked 3 years ago in Property Law from Khammam, Telangana
Religion: Muslim
1) a Muslim can during his lifetime execute a gift deed in respect of his property 

2) it is not even necessary that Hiba should be registered  . 

3) in your case your father had executed regs gift deed in your favour it is stamped and regd and possession handed to you 

4) you would be absolute owner of said properties 

5) similarly if your mother had acquired properties from her own money and gifted properties to you then you would be absolute owner of Said properties 

6) you have good case on merits . Chances of court setting aside gift deed is bleak 
Ajay Sethi
Advocate, Mumbai
46846 Answers
2771 Consultations

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Thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
46846 Answers
2771 Consultations

5.0 on 5.0

A gift or 'Hiba" has been defined under the Mohammedan Law as a transfer of property made immediately and without consideration by one person to another and accepted by or on behalf of the latter. 
The gift is in the nature of contract where there must by a tender of property, acceptance of the property by the donee and delivery of possession of the property. 
Bequeathing  property by a Will will be restricted to only one third of the entire property by the testator whereas there is no such restriction in  the case of a gift (hiba).  The essential condition is that if there is no delivery of possession, the gift is invalid even if it is registered
Normally a gift once made is irrevocable  because a gift is an absolute transfer of property by the donor to the donee made without consideration. . A gift, however, is always revocable before delivery of possession for the simple reason that, before delivery, a gift is incomplete. Even after delivery of possession, a Mohammedan gift can be revoked by a decree of court under certain cases.  
Only the donor can revoke the gift and not by any of his heirs.  A revocation is effected only by a decree of a competent court after delivery of possession is made, and until such decree is passed, the donee is entitled to the thing given. 
Thus from the above it can be construed that the sisters cannot claim a share in the property once the rem was a delivery of possession of the property subsequent to the gif deedexecued and registered in your favor.  Let them fight it out in the court, it will not be maintainable and sustain.
T Kalaiselvan
Advocate, Vellore
36996 Answers
403 Consultations

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In terms of the gift deeds executed by your father and mother you have become the owner of the properties. You can, on the basis of documentary evidence in your possession, contest the lawsuit filed by your sisters. Engage a lawyer for your defence.
Ashish Davessar
Advocate, Jaipur
23169 Answers
641 Consultations

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