gift deed

khurshied hakim (Querist) 23 October 2009 This query is : Resolved
Respected Sirs, We have a ancestral property, where the suit for partition is pending, subject to final decree. The property is under the court receiver. After the preliminary decree was passed with the commisioner being appointed for amicable division of the property,the widow and divorcee daughter(having no issues) of the 1/5th undivided share had registered a gift deed document,to an outsider having no blood relation. The other co-owners had challenged the gift deed in the trial court. Trial court disposed the gift deed as not valid. Reasons cited were that the donor was not having actual possession in the undivided property, and that there were no two witness to the registered gift deed The donee appealed in the high court to be intervener in the said suit, and claimed that gift deed should be declared valid as per Mohammedan law. High court referred the case again to the trial court judge to reconsider the judgement as per muslim law. Please cite reasons for gift deed to be invalid.

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Raj Kumar Makkad (Expert) 23 October 2009
The ancestral property cannot be willed out as shown in your case and even if the matter has been remitted back to trial back for fresh decision, it hardly matters and facts remain same. The registration even is not valid as disclosed by you and in the given circumstances, same decision is expected from trial court. Persue on the similar facts as disclosed by you in your quarry.

A.P.Manoranjan (Expert) 23 October 2009
I fully agree with the advise of Mr.Raj sir,

Sachin Bhatia (Expert) 23 October 2009
agree with Mr.Raj

mahendra rai jain (Expert) 23 October 2009
undivided share in the property cannot be transffered by any of the co owner because every co owner has the right in every inch of the property. so it is very much impossible to identify that who is thw owner of which part of the property.so that said gift is invalid untill the property is divided.