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Hiba and disclaimer deed

(Querist) 06 November 2017 This query is : Resolved 
I have a property I bought long ago. The person who sold it stated in the deed that he got it from his father as a hiba.
I paid him 10,000. And registered the deed and did mutation and have full possession to date.
After 10 months the son who sold me the property brought a stamped deed in which his father signed a disclaimer. It's addressed to me that he as the father gave his son the land and he has no claim on the property also that none of his children or relatives should make a claim in the future. He stated that he collected a additional 3000 to sign this deed.
This deed is on a stamp and registered with notary public.
After 20 years the son who I bought the property from has 3 sisters are now claiming ownership.
Their argument is that how can son sell a land when father is still alive.
Secondly the deed with notary public has no authenticity.
Pls what is my stand?
Ms.Usha Kapoor (Expert) 06 November 2017

A Mohammedan on the other hand can revoke a gift even after delivery of possession except in the following cases:
(1) When the gift is made by a husband to his wife or by a wife to her husband;
(2) when the donee is related to the donor within the prohibited degrees;
(3) when the gift is Sadaka (i.e. made to a charity or for any religious
purpose).
(4) when the donee is dead;
(5) when the thing given has passed out of the donee's possession
by sale, gift or otherwise;
(6) when the thing given is lost or destroyed;
(7) when the thing given has increased in value, whatever be the cause of the increase;
(8) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding; and
(9) when the donor has received something in exchange for the gift
Except in those cases, a gift may be revoked at the mere will of the donor, whether he has or has not reserved to himself the power to revoke it, but the revocation must be by a decree of court.
Since already your title to the property is perfected by delivery of possession to you the donee Donne executed a registered sale deed in your favour The donor, his farther cannot revoke the Hiba or gift deed. The donor's son should have got the suit property registered as a deed of gift as son should have registered the gifted property or Hiba and then alienated the property to a buyer under a registered sale deed in order to substantiate your as well as the sellers rights to sale of Hiba property. Notary public registration has no legal validity.
Ms.Usha Kapoor (Expert) 06 November 2017

A Mohammedan on the other hand can revoke a gift even after delivery of possession except in the following cases:
(1) When the gift is made by a husband to his wife or by a wife to her husband;
(2) when the donee is related to the donor within the prohibited degrees;
(3) when the gift is Sadaka (i.e. made to a charity or for any religious
purpose).
(4) when the donee is dead;
(5) when the thing given has passed out of the donee's possession
by sale, gift or otherwise;
(6) when the thing given is lost or destroyed;
(7) when the thing given has increased in value, whatever be the cause of the increase;
(8) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding; and
(9) when the donor has received something in exchange for the gift
Except in those cases, a gift may be revoked at the mere will of the donor, whether he has or has not reserved to himself the power to revoke it, but the revocation must be by a decree of court.
Since already your title to the property is perfected by delivery of possession to you the donee Donne executed a registered sale deed in your favour The donor, his farther cannot revoke the Hiba or gift deed. The donor's son should have got the suit property registered as a deed of gift as son should have registered the gifted property or Hiba and then alienated the property to a buyer under a registered sale deed in order to substantiate your as well as the sellers rights to sale of Hiba property. Notary public registration has no legal validity.
Muhammad khan (Querist) 06 November 2017
Thank you for your contribution.
Already the father is dead and never questioned the validity. The son who sold it is also dead.
He has 3 younger siblings who are now trying to claim.
What we have in our favour is the title deed given to us by son and mutation and tax payments and possession. also we have is a stamped notary public deed given by father as a supporting document to already registered deed. The supporting document does not mention hiba but says I had given the said land to my son and I and my entire family should make no claim.
Can the court rule agains us?

P. Venu (Expert) 06 November 2017
The gift had been complete. There is no way in which the siblings can make any claim over the land which the father had gifted to son, and subsequently sold to a third party.
Rajendra K Goyal (Expert) 06 November 2017
Without referring full case details / case file / material facts/ all related documents, no advice possible. Discuss with senior lawyer locally.
Dr J C Vashista (Expert) 07 November 2017
Consult a local prudent lawyer with all documents for proper appreciation of facts/documents,guidance and proceeding.


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