Cancellation of gifted property...

The gift cannot be cancelled now.

Please write whether 1) the gift was registered 2) the gift was as per Muslim personal law (hiba) 3) the gift was conditional 4) in whose name are the public records( taxes etc) in or whether your mother applied for change of name in public records

In Mohammedan law there is no difference between the ancentral property or self earned property. You can gift  your property as you wish. But certain conditions are stipulated. You should not gift your  entire  property.The gift must take place a t once. Possession must be handed over immediately.  Gift must be attested by witnesses. The sons and daugthers are entitled to get  their shares as per shariat  law only after the death of  the person not before that .

All the best.

If  the gift was not conditional, it can not be cancelled now.

Hello Archana Ji,

My grand father cancelled registration of one of my mother's sister property already.

Hello Gopal Ji,

1) Gift was registered on my mothr's name.

2) It is NOT per muslim law.

3) I guess it is conditional.

4) all public records after property taken (4 yrs) is on my mother's name.

Hello Ganguly Ji,

If the gift is conditional, cant we stop it from being cancellation?? please advise.

To make the issue very clear I would like to bring in to your kind notice the following  judgements.In V.V. Janaki Verses P.P.Paru , AIR 1968 Ker. 110, it was held that when a gift of immovable property has been accepted by the donee and they are in possession of the property, the fact that after making the gift the donors felt that it was folly or imprudence  or want of foresight on their part to have executed the deed of gift  will not clothe them with power of revocation of the gift. In the case of Picha Gangadharan verses Pachi Kamalakshy , 1993 (2) KLJ 974, it was held that when there is evidence to show  that done have accepted the gift and mutation in revenue record s has been effected , the donor cannot revoke it.

Dear Sri Farook

Under the circumstances that you mentioned the gift cannot be cancelled.  Brother Sri.Ajit Singh Cheema has given a related judgement.

"Accepting and acting upon the gift" is the criterion. From what you say, the mutation in public records amounts to accepting and acting upon the gift.

Depending on the State and District you live in, it may be possible for your grandfather to register a Revocation Deed. The Registrar may register the Deed without going into the legality of it.

Therefore,please approach an Advocate to apply for a bare injuction restraing your grandfather from encumbering the property in any way and issue a legal notice to the concerned Sub-Registrar/Registrar. ASAP

Best Wishes

The general legal position regarding cancellation of a gift is explained by learned experts Shri Ajit Singh Cheema and Shri Kalyanam. But u have stated that the gift was conditional. You have not indicated the conditions imposed in the deed of gift. In the case of a conditional gift, the donor can cancel the gift only if the condition is not complied by the donee. Hence pl consult an Advocate with all documents in your possession such as the gift deed, copies of the municipal and property card showing the name of ur mother as owner of the property, tax receipts etc. As suggested by Shri. Kalyan file a suit for injection agaisnt your G. father. 

If u do not want to file the suit you amy wait for ur grand father signing the deed of cancellation and then file auit for revoking the deed. Preferable course is urself filing the suit for injection as suggested above.