• Muslim registered Gift Deed

Hello,

I am an NRI who has a Property transferred to me by my Father through a registered gift Deed.

It has been over 3 years since the registered Gift deed was done by my father.
I had sent him the paperwork from abroad and was not physically present for the registry.

I heard Muslim gift deeds are complicated and can be easily revoked. unless all the 3 elements mentioned below are satisfied.
I heard about 3 elements of the Muslim gift deed are
1) intention to gift
2) acceptance of the gift
3) Possession of gift.

I have some issues with my father related to financials and I am afraid he may try to cancel my gift deed.

since I am abroad I am not sure if all 3 elements mentioned above are satisfied property is currently rented by my father I gave him POA to rent these properties.

Please advise if my gift deed is safe or father can cancel the gift deed easily?

Thank you..
Asked 1 month ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

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15 Answers

father cannot revoke the gift deed unilaterally 

 

he would have to file suit to set aside gift deed and need court orders to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

Yes it can be easily revoked but you can challenge the revocation in court If you require later. 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Yes you can do the same

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

you are at liberty to sell the properties or transfer it to your wife 

 

2) revoke POA  executed in favour of your father as he may on basis of POA sell the properties by back dating the sale deed 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

The POA deed given by your father to take care of the property including collecting the rent is a clear indication legally valid evidence to prove that you had taken possession of the gifted property, hence you  have satisfied all the three conditions of the gift deed as per Muslim personal law. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You can transfer the property to your wife by a registered deed.

Since you are the title holder and owner of the property by the virtue of the gift deed executed in your favor, your father cannot transfer or r object this transfer.

However you may better cancel the power of attorney deed given to him to be on the safer side. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

1. A Senior Citizen can duly revoke the Gift Deed, stating lack of Social or Financial cooperation /coordination from his Son (Donee) and other reasons. There are several High Court judgments to this affect.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5598 Answers
25 Consultations

5.0 on 5.0

Dear client, 

yes, you can sell or transfer as you wish. Secondly, once it is transferred, no your father can not cancel it. 

Thank you

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.

- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid. 

- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.

- Further, Gifts that involve immovable property should be registered under the Transfer of Property Act

- Further, as per Muslim Law, A Muslim is allowed to give away his entire property, whether the property is self acquired or ancestral, during his lifetime by gift.

- Since, the said Gift was accepted by you , hence this Gift deed cannot revoked /cancelled,

- Further, as you have given POA to your father for renting that property , it means he is working as attorney on behalf of the owner of the property .

- Yes, you can transfer that property to your wife by way of Gift deed or a Sale deed. 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

 

 

deed of cancellation of POA has to be executed by you and duly registered. in case the power of attorney is registered deed then you have to cancel it through a deed of cancellation/revocation & that too has to be registered.

 

2) intimate your father about revocation of POA 

 

3) also issue public notice about revocation of POA 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

Your POA doesn't have a time frame till you yourself put the same on it. You can approach me for cancellation deed. 

If you need any further assistance.you can approach me through Kaanoon or LinkedIn.

Consultation charges applicable. Thanks. 
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

No, there's no provision for such a POA, instead you can execute a POA  for a specific task and make a mention that the deed stands automatically cancelled after the specific task is completed .

To cancel the current POA you may issue a notice to the power of attorney holder intimating that you have cancelled the deed with immediate forthwith and also publish the same in a local newspaper. 

You cannot make a power of attorney deed that can be renewed every year. 

You may have to cancel the existing deed and issue a fresh deed in lieu of the cancelled one 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

Dear client, 

you can cancel the old POA and renew it from the USA. You can contact us personally. 

Thank you

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

What you have is a registered gift deed under the transfer of property act 

Your father has not transferred the property to you by way of a Muslim gift which is called a hiba which is an oral gift and does not require to be in writing 

The gift once made is irrevocable unless the gift was a conditional one 

The POA you gave your father can be revoked by writing him a letter informing him that the POA is revoked and also you will have to issue public notice in local newspapers informing the public that the POA is revoked and not to deal with your father on the strength of the POA 

You can give a limited POA which is revocable at Will 

It will be logistically problematic to give a POA which is only for a limited period 

Yusuf Rampurawala
Advocate, Mumbai
6639 Answers
63 Consultations

5.0 on 5.0

- You can execute one POA for a particular period for the specified work , and there is no requirement for excusing the POA each and every year. 

- However, if you want to cancel the said POA then enter into a cancellation deed with your father , or send a notice to him and inform him that the said POA has been cancelled by you and from the date of receiving the notice earlier POA will have no effect . 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

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