grandfat cannot unilaterally revoke the gift deeds
2) you need court orders to set aside gift deed on grounds of coercion or undue influence
3) will written by your grandfather is not valid
Revocation of deeds under MUSLIM Law
Sir, My grand father's daughter has obtained four gift deeds in year 2000 in her favour from my illiterate grand farther by fraud means.In the gift deeds executed it was mentioned that my grand father has no right to revoke these 4 gift deeds but has the right to enjoy crops towards maintenance. the properties were in the complete possession of my grand father till his death no delivery of possession is made by him to his daughter after the execution of deeds in 2000 after realising the fraud played by his daughter my grand father in the year 2002 cancelled all the 4 gift deeds uni-latterly and written a registered will of his properties to my father and to his only daughter. soon after cancellation of gift deeds in 2002 she approached the court against my grandfather for the same arguing that he has no right to cancel and against my father for wining over my grand father and acquiring the properties through registered will latter my grand father died in 2004. thus my grand father(sunni Muslim) has the right to cancel the 4 gift deeds executed in the year 2000?? thus he has the right to revoke under mohammedian law??? thus the will written by my grand father is valid??? because recently i.e in 2017 the Hon'ble sub court has decreed that 1st defendant i.e, my grand father has no power to revoke the gift deeds executed in the year 2000 in favour of the plaintiff i.e my grandfather's daughter. thanks and regards
Asked 6 years ago in Property Law
Religion: Muslim
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6 Answers
For completing the gift of any immovable property, two things are essential:
a. that the donor must physically depart from the gifted premises;
b. that the donee must formally enter into possession.
Since none of the above two conditions have been complied in the present case and because the donee has failed to accept the gift for she never took over the actual physical possession of this property, the gift being alleged as valid, is bad.
The gift deed in itself is not valid since for completing the gift deed of immovable property, donor must physically depart from the gifted premises and donee must formally enter into possession.
Moreover, the gift deed though invalid can not be revoked unilaterally and a court order is required for the same.
Regards
Dear Client,
Under Muslim law, no gift is effected until possession is delivered, and can be revoked anytime before delivery. AND also gift deed effected by playing fraud is also revocable in general law.
thus the will written by my grand father is valid???
The general rule is laid down in Ghulam Mohammad vs Ghulam Hussain 1932 by Allahbad HC, that a bequest in favour of a heir is not valid unless the other heirs consent to the bequest after the death of the testator.
Under Shia law, a testator may bequest a heir as long as it does not exceed one third of his property and no consent of other heirs is required. In Hussaini Begam vs Mohammad Mehdi 1927, it was held that if all the property was bequested to one heir and other were not given anything, the bequest was void in its entirety.
because recently i.e in 2017 the Hon'ble sub court has decreed that 1st defendant i.e, my grand father has no power to revoke the gift deeds executed in the year 2000 in favour of the plaintiff i.e my grandfather's daughter.
- show me judgement.
Without delivery of Possession the gift deed will be invalid. Under Muslim law, the gift deed shall have three ingredients. (1) Declaration of Gift by Donor (2) Acceptance of the gift by Donee either express or implied (3) Delivery of Possession.
Though you got decree from sub court in your favour, it may be reversed in the Appellate Court. Hence, you case is weak. Appoint an experienced lawyer and defend the case.
In Muslim law, a person can be said to be an “owner” only if he has full and absolute ownership. If the use or enjoyment of property is granted to a person for life or other limited period such person cannot be said to be an “owner” during that period.
The Transfer of Property Act, 1882 under Chapter VII talks about gifts and the procedure for making the same. Yet as per section 129 of the Act, the Transfer of Property Act, 1882 does not apply to the Muslims making gift.
It has been widely construed that the term mal has to apply to the object so gifted for the laws of Hiba to apply.
Surprisingly enough, all gifts are revocable before the actual transfer of property is made (i.e.) any person can unilaterally revoke his or her promise to gift before the promise is fulfilled.
A Man may lawfully make a gift of his property to another during his lifetime; or he may give it away to someone after his death by will. The first is called a disposition inter vivos; the second, a testamentary disposition. Muhammadan law permits both kinds of transfers; but while a disposition inter vivos is unfettered as to quantum, a testamentary disposition is limited to one-third of the net estate. Muhammadan law allows a man to give away the whole of his property during his lifetime, but only one-third of it can be bequeathed by will.
Since muslim law views the law of Gift as a part of law of contract, there must be an offer (izab), an acceptance (qabul), and transfer (qabza). In Smt Hussenabi v Husensab Hasan[vii], a grandfather made an offer of gift to his grandchildren. He also accepted the offer on behalf of minor grandchildren. However, no express of implied acceptance was made by a major grandson. Karnataka HC held that since the three elements of the gift were not present in the case of the major grandchild, the gift was not valid. It was valid in regards to the minor grandchildren.
The decree and judgment of the sub court may challenged in the appellate court stating that the possession was not handed over and the gift with condition is not valid hence the revocation of the gift deed by the donor is very much valid.
