Procedure for Revocation of GIFT under Hiba.

ASMA SAVANUR (Querist) 21 December 2014 This query is : Resolved
Respected panel, I had gifted 50% of my property under threat to my husband 10yrs back, am awaiting my divorce soon. How do I go about in revoking the gift under Hiba in terms of procedure..should i directly file a petition in the court or send a letter to him before proceeding to the court.. kindly elaborate and help as am not able to find the right guidance.

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Isaac Gabriel (Expert) 21 December 2014
If it has not been disposed and intact,file a petition beforehand to desist from disposing it in any manner.

ajay sethi (Expert) 22 December 2014
what were you doing for 10 years? did you file any police complaint that your husband forced you to gift property to him . ?

once gift is made and possession handover donee becomes absolute owner of hi share. you have to prove that you were forced to transfer property in husband name . move court for setting aside hiba

Rajendra K Goyal (Expert) 22 December 2014
You have to move court for cancellation of the HIBA on the grounds that the same was got signed under force.

Dr J C Vashista (Expert) 23 December 2014
I agree with expert Sh. Ajay Sethi.
If you kept on sleeping for 10 years, which is not a short period of time, continue......
Gift is an absolute document/transaction.

Shailesh Kr. Shah (Expert) 23 December 2014
file suit for cancellation of hiba at the civil court.

P. Venu (Expert) 24 December 2014
According to the Shia law, a gift between husband and wife is revocable; revocation may be by a mere declaration, no judicial decree is necessary.

However, according to the Sunni law such gift is not revocable after delivery of possession except through a decree of the Court.

T. Kalaiselvan, Advocate (Expert) 26 December 2014
Once possession handed over, the hiba or gift becomes absolute and irrevocable. Confirm if possession was handed over or not.

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