qader (clerk) 02 April 2014

Challenging gift deed

Dear Sir/Madam,

I’m Muslim and residing at Hyderabad. I have 4 brothers including me and 4 sisters. One of my brothers is mentally unsound. I have following two queries, for which I request your kind advise;

Qurery - 1

There is one residential house, which is in the name of my grand mother (maternal) who died almost 30 years back. She did not leave any Will in favour of my mother (who also died an year ago). While my mother was alive, she executed gift deeds of this residential house in the year 2000 in favour of my two brothers, one of whom is mentally unsound. Since the mentally unsound brother was not in a position to look after his property, in the Gift Deed she incorporated my two siblings name (one brother and one sister as his Guardians).

In the circumstances kindly advice if my mother was legally right in executing the Gift Deeds in favour of her only two sons, depriving other children. As mentioned above the property did not belong to my mother but the property is actually in the name of my maternal grand mother. Can we now challenge in the Court against this Partition Deed to ask our share in this property. Does the limitation period matter as the Gift Deed was executed some 14 years ago? Also how long one can be guardian of an unsound person, is there any limit or as long as the unsound person survives?

Qurery – 2

There is an agricultural land left behind by my late father/mother. One of my brothers lured my siblings saying that he would give the share to all in residential property in lieu of transferring agricultural land in his favour. Believing his words all siblings gave their consent and signed necessary transfer papers in his favour at Office of Registrar in the year 2000. He later divided nominal sums amongst the siblings for this transfer of property in his name.

While getting the agricultural land transferred in his name, he also got the signatures of my sister, who was then just 16 years old and also my another brother who is mentally challenged, as stated above.

Can we now challenge in the Court to seek the share of these two siblings in this agricultural land in spite of the fact that 14 years have lapsed since the transfer of land took place in favour of my brother.

I shall be highly obliged if my above two queries are answered at an early date.

Thanks and regards

Saleem Khan

Hyderabad

Reply Follow

3 Replies

Advocate Rohit (Advocate) 02 April 2014

with respect to first query. Your mother has no right to execute any gift deed since the property is not owned by her. As per Indian Succession Act all the legal heirs have the right in the ancestral property. Thus, all the siblings including you have right for equal share in the property. you may file the suit before the civil court for claiming your share in the property.

Ensure that your siblings have not created any third party rights in it.

As far as 2nd query is concerned: please note that your sister and your brother can challenge the transfer of the agricultural land as she was minor i.e. 16 yrs. and the other sibling is of unsound mind.

Regards

Advocate Rohit Dalmia

9324538481

Mumbai

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 April 2014

As per muslim law, a gift essentiality of property possession is there.

 delivery   of 

         possession of the subject of gift by the donor to the donee. 

         If  this   condition  is   complied  with  the   gift  is  complete. 

         According   to   Muslim   law   it   is   not   necessary   that   there 

         should be a deed of gift in order to make it a valid gift, but 

         of course, if there is a deed it should be registered. But if 

         the   deed   is   merely   a   memoranda   of   an   already   effected 

         gift,occupant of property possession is having rights i.e. your mother.