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registration of gift deed under mohammedan law

Lawyer

Forum Moderator

Dear members,

Whether a gift deed under the Mohammedan law needs to be registered? If it is in a form of an affidavit executed 30 years back, is it valid? Kindly provide judgments on this issue.

Regards,

Prakash
 
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Advocate

Once the gift is in writting, it must be duly attested and registered. In your case, it is in the form of Affidavit. The contents of the affidavit is necessary. Whether, the affidavit says, "that the porperty gifted in an earlier occassion ( prior to the date of affidavit) by orally, and to confirm the same by means of an affidavit" then it needs no registration. Anyhow, if you need more clarifications on this point, scan and mail the affidavit to mnadvocate@gmail.com. I will clarify the same,
 
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Lawyer

Forum Moderator

Thanks sir, for the reply. In this case,as you rightly pointed out, the recitals in the affidavit says that the properties were gifted on 01.08.1975 and possession was handed over to the donees. An affirmation of the said fact was made through the affidavit on 20.08.1975. The father has gifted the properties to his minor sons and mutation of revenue records had also taken place. Now can the daughters question the gift. Whether section 129 of the Transfer of Property Act would help the sons (donees) is the question involved.
 
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In the mohemeddan Law Gift can be done as orally and its a valid. If the Gift made in writting it should be registered as required under section 123 of transfer of property act. Affidavit cannot transfer the title of property. In the circumstances the section 0f 129 cannot help the donee.
 
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But mohemeddan law held that valid gift should be have four essential condition should be fullfilled.

1. Declaration 2. acceptence 3 deliveray of possession.

 

 

 

 
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Dear sir, i am muslim followed by mohammedan law .My father has Three younger brothers and 

Four sisters (married). My father purchase "A" "B" and "C" Schedule property, "A" Schedule 

poperty purchase My grandfather name .My Grandfather exipre on 1990. My father also exipre 

on 2007. But My grandfather Registered WILL my father name, and all brothers and sisters 

given CONSENT LATTERS and agree this WILL .

"B" Schedule property pucrhase own name my father name, no joint name , no parnership. 



"C" Schedule Property purchse in all brothers name. this property already sold . 1985



Now my father's one brother suite property. they need all equal shares. Lower court 

decission

"A" schedule property only granted Home, no land

"B" shedule property equal share 48/11. (OWN PURCHASE PROPERTY MY FATHER NAME)

C schedule property Dismissed.



please tell me Mohammedan Law possible this degree? i appealed already in HIGH COURT.



please urgent.



Anees
 

 
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