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Zafar (Secretary)     30 January 2014

Revocation of gift/settlement deed

Dear Sir, 

Father makes an unconditional gift/settlement deed (self acquired vacant land) to his elder daughter in 2003 and registered. Elder daughter passes on the same property to her four minor children in 2007 appointing me as natural guardian and duly registered.  Following this, for safe custody, handing over all the original documents including parent documents to her father and mother (my in-laws) and leaving abroad with all family members.

In 2008, father (my in-law) unilaterally cancels the settlement deed made on 2003 in our absence and without informing us. The reasons for this cancellation he is mentioning is that "his name is still in the patta" and other"revenue records"and he is paying tax. Again, in 2013 makes one more settlement deed in favour of his 2nd son again without our knowledge.

In the settlement deed made in 2013 to his 2nd son he did not mention about previous transactions like settlement made on 2003 and the cancellation made on 2008.

My question are :

(1) Can he revoke the gift/settlement deed unilaterally especially in our absence and without donees's cosent and without our knowledge and for the reasons mentioned in the cancellation deed.

(2)  Can he do this especially when we have handed over all the original documents with utmost trust  and went abroad?

(3)  Is the reasons mentioned in the cancellation deed are valid in  the eyes of law?

As the property was already passed on to minors and the value is increased considerably  what course of  action can I take? I am from the muslim sunny community.

As they have betrayed us from back, your advice is solicited.

Thanks

Syed Zafrullah



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 January 2014

If it was gift deed then the donor can not cancel the gift once validly executed and registered.
File a suit for desecration of the subsequent deed as null and void and for injunction fast.

adv.raghavan (Advocate,9444674980)     30 January 2014

According to Mohammedan law it can be cancelled

(5) when the thing given has passed out of the donee's possession
by sale, gift or otherwise; 

T. Kalaiselvan, Advocate (Advocate)     02 February 2014

(1) Can he revoke the gift/settlement deed unilaterally especially in our absence and without donees's cosent and without our knowledge and for the reasons mentioned in the cancellation deed.

As per Muslim personal law, the Mohamedans in India are not governed by the Transfer of Property Act in the matter of formalities of gifts/settlements. there are three essential of a valid gift under the Mohamedan law, namely: 1) Declaration of gift by donor;   2) Acceptance of gift by the donee, either express or implied;  3)Delivery of possession of property by the donor to the donee, either actually or even constructively.  An essential condition of a valid mohamedan gift is, therefore, that the donor must divest himself completely of the ownership of the property.   Therefore his action of cancelling the gift/settlement deed on the basis of what is said above is held to be valid.

(2)  Can he do this especially when we have handed over all the original documents with utmost trust  and went abroad?

The above answer holds good.

(3)  Is the reasons mentioned in the cancellation deed are valid in  the eyes of law?

Yes

 

As the property was already passed on to minors and the value is increased considerably  what course of  action can I take? I am from the muslim sunny community.

Delivery of possession being essential to the validity of gift, it follows that if there is no delivery of possession, there is no valid gift. If the donor is in possession of the property, he must physically depart from the property and the donee must enter into possession formally (Actual possession).

In case the gift is to a minor, delivery of possession may be made to the lawful guardian of the minor. If there is a gift of property held adversely to the donor, the gift will be valid only if possession is delivered. 


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