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.
