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Satish (farmer)     06 May 2012

Buying a cancellation of gift deed

Dear experts,

 

Yesterday i went to get an agreement for a plot of 200sqds that was gifted and registered by a mother (Muslim) to her daughter in 2006. The daughter refused to sign the agreement due to some personal issues. Now the parents planning to cancel the gifted deed and sell the plot directly to me.

 

1. Is it valid to cancel the registered gifted deed by a donar? I can not see any mutual agreement here unless they fake daughters signature.

 

2. Would you advise me to buy this plot in case if they cancel the deed some how. What will be the legal implications i may have?

 

Many thanks for your support in advance.

 

Regards,

Satish



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     06 May 2012

Once, a gift is registered and property is delivered to and accepted by the donee, donar won't have any authority to cancel it unilaterally without the concurrence of the donee.

In my view, under muslim law, a person can't gift more than 1/3rd share of his/her property.  So,  gift is not valid wrt 2/3 rd share.

you can buy it if the gift deed is cancelled with the concurrence of both donar and donee otherwise not.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 May 2012

I beg to differ with Ld.Parasmurthy when he says that gift can't be of more than 1/3rd - the 1/3rd cap applies only in cases of wills/death bed gifts(marz ul maut). 

I agree with him when he says that a Muslim Gift once completed by 1) Declaration 2) Acceptance 3) Delivery of Possession. It is irrevocable. What is once given cannot be called back. However if one of these elements is missing even the registration of gift deed won't vest title in the daughter. 

Hence a detailed examination is required. If the gift stands valid as per principles of Shariat - it can't be sold without concurrence of daughter - I would advise you to steer clear & save your investment.


Feel free to talk !

sridhar pasumarthy (ADVOCATE)     06 May 2012

Bharath sir,

Thank you for correcting me.  I have mistaken.

Satish (farmer)     06 May 2012

Thank you for both of your comments, very informative.


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