• Cancelation of Gift Deed

Case History
We are Muslim family.
We are four siblings (two sons, two daughters)
My father expires on Jan 5th 2014, he did not write any will for the property .till now the property is not shared among us. I had written a gift deed (of my father property) and registered to my young brother, and my siblings (sisters) does not know about this .at the time of registration we have submitted only my father death certificate along with myself and my brother aadhaar cards only. We have not submitted any documents (family members certificate and ration card) of our family details. Now I want to cancel the registered gift deed (without the support of my sisters I want to cancel the gift deed which was registered by me)
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
1)	How much money will it cost and how much time it will it take to solve case
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
3)	Now I am trying to leave to Kuwait for my earnings do i need perform any formalities before I leave

                                                           PLEASE DO THE NEED FULL
Asked 11 months ago in Property Law from Nellore, Andhra Pradesh
Religion: Muslim
1) once registered gift deed is executed title passed on to the donee ie your brother 

2) you cannot  revoke gift deed unilaterally 

3) you will have to move court to set aside for deed on grounds of fraud or coercion

4) suit will take some years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
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. 


T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
You cannot  revoke gift deed unilaterally.If you want to cancel the deed you have only one option to approach the court .Your presence is important for filing a case. If your not here give power of attorney to wife or close relative for conducting the case.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. A gift deed i.e hibanama among Muslims does not require mandatory registration. The gift deed can be executed by a mere delivery of possession to the donee. The gift is valid only if it is relatable to the extent of your own share in the property. 

2. A gift deed which is unconditional cannot be unilaterally cancelled by the donor after it has been executed. It can be cancelled only by the court. To get a favourable decree from the court you ought to prove that the gift deed was executed under coercion or fraud.

3. The fee of lawyer which will be your expenditure can be disclosed by him alone. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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