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 back in 2018. 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 the rental agreement is still in my Fathe's name, all the property tax, electricity bill, water bill, etc is still on my fathers' name. I told my father that since the property is Transferred in my name now all the rental agreements, Electricity Bill, water, property tax should be transferred in my name. I also told him he would now need a POA, to operate these properties as I am the Legal owner now he is not agreeing and continues to manage properties without any POA. In name of POA he printed POA on 100 rupee Bond without my signatures on it, he says he now has POA from me. he sent me a copy of the same on whats app and says the POA document is complete. Do you see all three elements of the Muslim gift deed satisfied here? only registered gift deed is My name, but my father continues to manage it without POA and all utilities, tax, rental agreements in his name. I don't know what my father's intentions are? he still continues to keep a hold on my properties Can he easily cancel my gift deed please help?
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Apply for mutation of property in your name on basis of registered gift deed
2) also electricity meter should be transferred in your name
3) all rental agreements should be executed by you or your POA holder
4) POA needs your signature and has to be notarised or attested before Indian consulate
Father has to file suit to set aside gift deed
he cannot revoke it unilaterally
Hi
Since, it is a registered gift deed, you are technically in a safe zone.
However, you should apply to concerned departments for mutation of properties in your name. i.e all electricity bills, water, property taxes will be levied on your name by the concerned departments. All you need to do is apply for mutation by enclosing certified copies of gift, deed, mutation form, payment of prescribed fees for mutation(it will not cost more than Rs200-/- for mutation per department).
Also, you need to issue notices to tenants for
a) Fresh lease deed (probably on same terms as per lease deed with your father).
b) Rentals to be deposited in your bank account.
Your father cannot unilaterally cancel the lease deed. However , you should be able to demonstrate that you are in possession of the gifted property and this can be demonstrated by
a) Mutation
b) Fresh lease rentals on your name.
Hope this information is useful.
From your contention it appears that your father though executed a gift deed in your favor, you have not taken possession of the property.
Since the mutation records and other utility records are still lying on your father's name, it can be evidently proved tat the gift was not accepted by you.
Further the POA, being an unregistered document especially executed in India while you are residing in a foreign country at the time of its execution, is a fabricated document which would be an invalid document for all the purpose.
The non acceptance of gift deed, i.e., by not signing the registered gift deed itself clearly indicates that you have not accepted the gift deed.
You have to immediately get into action to get the property records transferred to your name from your father's name in the revenue department, electricity service connection, water tax etc.
- 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.
- Hence, gift deed completed after the transfer of the property.
- If you have taken the possession of the property even through anyone , then the gift deed cannot be cancelled - Your father cannot cancel the said gift deed without getting the court order .
- You can apply for mutation in your name after submitting the gift deed ,and further issue a legal notice to the said tenant to attorn you the owner of the property and to pay the rent to you
1. Registration of Gift Deed (Hiba) is not compulsory.
2. Unless and until, we look into the narration in the Gift Deed, it's difficult to establish whether all the three elements of Gift Deed (Hiba) are inbuilt in it.
3. In case, all the three elements of Gift Deed (Hiba) are narrated in the deed, unilaterally your father can't revoke the Gift Deed (Hiba) and he has to obtain jurisdictional Court's order for that.
Your father did not do a hiba under the Muslim personal law
But a gift deed under the transfer of property act
So just because the parties are muslims and the gift deed was made as per TOPA, would not mean that the gift is invalid
The property is transferred to you under a registered gift deed
So the Muslim personal law will not apply
The fact that your father himself messaged you the POA for operating the properties is evidence enough that he transferred those properties to you under a validly registered gift deed
Yes it's satisfied
