Gift Deed
Querist :
Anonymous
(Querist) 01 January 2011
This query is : Resolved
Property jointly owned by 3 sisters and 2 brothers. Suit for partition instituted in 1969 in the high court, meantime court receiver was appointed in 1970.
Preliminary decree was pronounced in 1994 defining equal shares. One brother filed first appeal in 1996 claiming shares in the ratio 2:1 as per Islamic sharia.
On request by the second brother, the high court granted a stay on the preliminary decree of 1994, till the final order and disposal of the first appeal.
Meantime the brother who had filed the 1st appeal against the impugned preliminary decree died. Since none of his heirs appeared in the court on hearings nor were they brought on record, the appeal was finally abated in the year 2009. The court receiver is still in force.
Second brother expired in 2000, leaving behind old & illiterate wife and mentally retarded daughter aged 63 years. The mother and daughter were officially brought on record in August 2004.
Some outside notoroius fellows, who are neither blood related nor of the same sect of caste, managed to cheat the mother and daughter into signing a gift deed on pretext of love and affection in July 2004.
Please advise wether the gift deed is valid as it was during the period of the stay on preliminary decree from 1998 to 2009.
The court receiver is still in powers.
Y V Vishweshwar Rao
(Expert) 01 January 2011
It should be declared as invalid by Civil Court Decree !
Guest
(Expert) 01 January 2011
The lis pendence will operate. Moreover the deed executed by mentally retarded daughter is invalid and void ab initio. Hence the total gift is has no force
SANJAY GUPTA
(Expert) 02 January 2011
agree with the experts.
Kirti Kar Tripathi
(Expert) 02 January 2011
in muslin law, gift in favour of other then members of family is illegal, in case it more than 1/3 of his total share in the property. moreover, the same is also invalid on the ground of incapablety of mentally retarded daughter
adv. rajeev ( rajoo )
(Expert) 02 January 2011
I do agree with Kritikar. If it is unregd., gift deed then itz invalid.
Khaleel Ahmed
(Expert) 02 January 2011
Query lacs necessary information about, the details of first brother's heirs,the property as stated in the query is joint property, there is no clarity about the physical possession of individual shares.query silent about the physical possession have been delivered or not seprately to the donee by the donors ie.,old mother and mentally retarded daughter .The gift or hiba can not be given by the donor to the donee for the full extent of their property in shariah infavor of third parties.Such gift deeds are liable to held null and void.
