Illegal revocation of Gift Deed
In 2003 a Gift Deed was made by father to his eldest daughter and duly registered. Father's property is self acquired. Extent of property is 3200 sq. ft. vacant land. Actually half of the property was given as gift (1610.5 sq ft.) to his eldest daughter in-lieu of jewel (as per in-laws proposal) and another half of the property bought by husband of eldest daughter (me). Since it is a family matter, we went for Gift Deed to reduce registration charges. After Registration of Gift Deed in 2003, we all went abroad and all the original gift deed documents including parent documents were kept by in-laws. We have not engaged any muslim scholars or lawyers for registration. We did the registration as normal in the registrar's Office. However, whenever we demanded to return the original documents, my in-laws refused. We are demanding continuously till the year 2007. In spite of repeated requests they refused to return back the original documents.
In 2007, the same property was passed on from his eldest daughter to her own 4 minor children by way of a registered settlement deed.
However, we have not changed the names in the revenue records since we went abroad from 2003 and my in-laws are refusing to given back our documents.
In 2008, father cancels the original Gift Deed made in 2003 in favour of his eldest daughter for the reasons that we have not changed our names in the revenue records and therefore he does not wish that the gift deed of 2003 is in force. Again, in 2013, he (father) makes one more settlement deed to his 2nd son. He did the Cancellation in 2008 and and another settlement deed in 2013 without the donee's consent and without any court's directive. He did this from our back. However, in the settlement deed made in 2013 no previous transactions were recorded i.e. Gift Deed made in 2003, Cancellation done in 2008.
Please enlighten me as to what action I should take?. If I approach civil court for redressal based on what law the court will decide i.e. General TP Act/Gift Act prevailing in India or whether this will be decided on muslim personal law. If it is decided by general TP Act/Gift Act what are the chances for me. Similarly, if it is decided by muslim personal law what are the chances for me to win this case.
Your valuable advise is very much appreciated.
Regards
Syed
Asked 10 years ago in Property Law
Thank you sir for your crisp reply. Since the eldest daughter (my wife) has passed on the same property in favour of her 4 minor childrens in 2007 me as a guardian, whether my wife or me (as a natural guardian) has to challenge the cancellation deed. You have mentioned my wife. Please clarify.
Further, Please elaborate the meaning the sentence from ... During his lifetime a Muslim.... until end of the para. Are you referring the muslim here "the Donee" or "the Done"r or a "common muslim" person?. I understood the word muslim here "as Donee" (my wife). Regards. Syed
Asked 10 years ago
Sir, again thank you for your quick reply. While filing for declaration of suit to make cancellation and settlement of deed as Null & Void, simultaneously, can we take criminal action like breach of trust (since we have given our documents "for safe custody" to my in-laws and they have not returned when we have demanded), tress-pass of the property,etc. Since in-laws are betrayed us we would like to go for these actions.
Further, I have put a small thatched hut 10x10 with lock and key and appointed a security for vigil. There is no protest from opposite party until now. Also, I would like to start a construction on this site. Can I start now or do I have to start immediately after filing the declaration of suit or do I have to wait till court orders?
Your valuable suggestion is solicited.
Regards
Syed
I
Asked 10 years ago
Thank you sir. Well answered. If me and my wife challenges the illegal revocation of gift deed how this matter will be handled by court i.e. whether the court will decide as per general TP Act/Gift Act prevailing in India or based on Muslim Personal Law since all the parties concerned are muslims? Note: 1. we have not engaged any specific muslim scholar or muslim lawyer during registration. 2. Also we have not used the word 'hiba' (muslim gift) anywhere in the registration deed) Please enlighten. Regards Syed
Asked 10 years ago
