Illegal Revocation of Gift Deed (Delivery of possession)
A settlement of deed was made in 2003 between father & daughter for a vacant land. The reason for this settlement of deed is in-lieu of jewels and the loan from her as agreed before the marriage. No written agreement. Settlement of Deed is to reduce stamp duty. Until 2007 no mutation was done as the daughter was abroad. However, daughter instructed father to carry out mutation process. But he did not do it. In 2007 the daughter makes one more settlement in favour of her minor children her husband as guardian. In 2008 father and his family members steals all the documents and unilaterally cancels and makes one more Settlement Deed in favour of 2nd son (father/other memebrs stays in daughter's own house). the reason for the cancellation is mentioned that we have not changed the names in the revenue records and still they are paying tax. Case filed for null and void in Feb 2014. Father dies in June 2014. Written statement filed by 2nd son after one and half year denying that the settlement is not in-lieu of jewels, however, agreed that the settlement is out of love and affection. Also, claims that all the taxes are paying by him therefore he is the owner of the property. Since the parties are muslims how the essential condition (delivery of possession) will be dealt with this case (as we have deprived from getting the original documents right from 2003. Please advice status of Settlement Deed made in 2003 (father-daughter), cancellation in 2008 (byfather), settlement of deed made in 2013 (father-son).