Question: - Does the gift deed written by me to my young brother is valid? If it is valid or not please let me known the best way to cancel
As per Muslim law the gift is called as 'Hiba'.
Gift is a transfer of property where interest is transferred from one living person to another, without any consideration.
Under Muslim law, Hiba (Tamlik al ain) , is an immediate and unconditional transfer of the ownership of some property or of some right, without any consideration or with some return (ewaz).
Under Section 149 of the Principles of Mahomedan Law by Mulla, three essentials to the validity of the gift should be, (i) a declaration of gift by the donor, (ii) acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the subject of the gift by the donor to the donee as mentioned in Section 150. If these conditions are complied with, the gift is complete. Section 150 specifically mentions that for a valid gift there should be delivery of possession of the subject of the gift and taking of possession of the gift by the donee, actually or constructively. Then only the gift is complete. Section 152 envisages that where the donor is in possession, a gift of immovable property of which the donor is in actual possession is not complete unless the donor physically departs from the premises with all his goods and chattels, and the donee formally enters into possession.
Therefore the gift deed can be revoked if the donee has not accepted the gift or not taken possession of the property.
1) How much money will it cost and how much time it will it take to solve case
If the donee has not accepted the gift, then the donor may issue a notice to him and can execute a cancellation deed t cancel the registered gift deed already executed. There will not be mch cost except the registration charges.
2) The property which was given to my brother is commercial type it was given to him on an occasion. Now I need to cancel the gift given to him and so the benefit availed from the property be transferred to the court
Then you have to file a suit before court making proper pleadings giving substantial reasons for cancelling the registered gift deed.
3) Now I am trying to leave to Kuwait for my earnings do i need perform any formalities before I leave
If you want to file a suit, your presence is very much required or you can depute and assign this work by executing a POA deed to someone close to you who will take care of the case in your absence.