My father sold a house to his cousin's nephew. The nephew then returned to my father and had my father sign a document on the pretext he had not signed the original document. The new fraudulent document was actually a gift transfer deed. My dad's cousin's nephew then attempted to gain land in this manner. The deed was submitted to the mamladar office which allowed a katchi entry but then the entry was cancelled. My father was a paranoid schizophrenic from aged 30 and passed away aged 76 in 2014. Is there a method of cancellation of gift deed? How much would it cost? What is the process? Thank you for your time. Ismail Kara
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Firstly, just by getting the signature no property can be transferred to someone.
Secondly, the person must be present before the tehsildaar along with two witnesses.
Thirdly and lastly, you go by anyway with the property if it is in your possession let that nephew object to it, and if not in your possession then go file a forgery cases against nephew as it has also been cancelled which itself shows his act of forgery.
Can call also if want further assistance.
To cancel a deed only the court is the competent authority wherein a suit for declaration can be filed by the person who is challenging the validity of the deed.
The suit would be seeking declaration of the deed as null and void on the ground as mentioned in the plaint.
Donote that the onus of proof of declaring the deed as null and void solely lies upon the person who is suing.
1)you have to file suit to set aside gift deed as father was not mentally sound at time of execution of gift deed
2)enclose copy of father medical reports
3)you have to pay court fees depending upon market value of the property
4) court fees is state subject and varies from state to state
1. To cancel the gift deed your father has to file a suit for cancellation of the gift deed in the civil court on the ground that his consent to the execution of gift deed was obtained through fraud and misrepresentation. The onus will be on your father to prove that the consent was not free.
2. The cost will be the fee of your lawyer and the court fee payable on the plaint.
3. Engage a local lawyer.
1. It appears it is unregistered gift deed, it can be cancelled by civil court by filing a civil suit.
2. Get a suit for declaration filed seeking relief of cancellation of such fabricated gift deed.
3. It will take some time, but you will definitely get success, provided you put all efforts to bring innocence of your father on record and also his medical records.
Hello,
Since your father was mentally unfit at the time of making the gift deed, therefore you are advised challenge the validity of the gift deed on this ground.
Engage a local lawyer to know about the estimate fee and the court fee as the same varies from state to state.
Regards
Dear Client,
Gift deed is irrevocable but if it is not registered, not transfer of ownership effected.
Hi, yes you can challenge the gift deed by filing cancellation of gift deed in court , on the grounds of mental condition of your father
1. No agreement or legal document executed by a schizophrenic patient during the period of his mental disability is void at law.
2. Collect evidence of his such suffering from schizophrenia during his executing the said document.
3. File a declaratory suit praying for a declaration that the said deed/document executed and registered by your father is void at law for the reasaons mentioned above.
Gift deed may cancel when reasonable ground appears
Either in registrar office or through court
If the said gift deed was an unregistered document then it is invalid in law.
If it is less than 12 years from the said transfer and possession of property by the opposite party then you can file a suit for possession of property and also mandatory injunction along with a relief for declaration of title.
However as per Muslim law, the gift which is called as 'Hiba' is valid if the possession has been delivered to the donee by the donor.
No one can claim re-possession of the property for any reason.
Hi thank you for your reply Can I ask a further question. If a mufti fatwa regards the legality of the "hiba" is given does this impact on Indian official law? As in is Muslim law accepted as parallel? If I get a fatwa and print notice in gujerat papers would that be enough warning to interested parties?? Thanks Ismail
Fatwa would not affect validity of hibanama
2) you have to file suit to set aside gift deed
1. The Mufti fatwa is not acceptable as per Indian Law.
2. You can file a case against the said mufti for issuing you the said fatwa.
Fatwa is not recognised in the Indian Law.
It is to be canceled legally, gift deed canceled by Fatwa can be challenged.
Regards
1. I am not aware of deep Muslim Law you please get guidance of someone else who is expert in Muslim law.
A fatwā is an Islamic legal pronouncement, issued by an expert in religious law (mufti), pertaining to a specific issue, usually at the request of an individual or judge to resolve an issue where Islamic jurisprudence (fiqh), is unclear. Typically, such uncertainty arises as Muslim society works to address new issues
The fatwā is not based upon the mufti’s own will and ideas, but rendered in accordance with fixed precedents from the sources of Islamic law.
In order to issue an authorized fatwā using his individual skills of reasoning, the mufti or scholar must meet the standards of ijtihād. This is the highest standard in issuing a juristic ruling. In general, this means he must be able to distinguish between the other scholars’ positions and their supporting evidence, and judge one stronger according to the strength or weakness of the evidence.
The primary difference between common-law opinions and fatwās, however, is that fatwās are not universally binding; as Sharia is not universally consistent and Islam is very non-hierarchical in structure, fatwās do not carry the sort of weight as that of secular common-law opinion.
Under the Muslim Law a gift is a transfer of property or right by one person to another in accordance with the provisions provided under Muslim law. Hiba (Tamlik al ain) , is an immediate and unconditional transfer of the ownership of some property or of some right, without any consideration or with some return (ewaz); and The term ‘hiba’ and ‘gift’ are often indiscriminately used but the term hiba is only one of the kinds of transactions which are covered by the general term ‘gift’.
If the Hiba had been done by observing the three essential ingredients to make it legal, then it cannot be revoked or cancelled.
1. No.
2. Fatwas are illegal and have no backing of law. These muftis must understand they are living in a democratic society, not some primitive Arab land.
Yes, can also file suit for injunction to interfere in the property in any manner.
When selling a plot of private land in GUJERAT India does a news paper notice have to be made during sale process??
It is not mandatory to issue public notice but advisable to do so
There is no necessity to publish any such item in any newspaper for selling the property.
It is for the buyer to look into all such issues and not the responsibility of the seller.
Please contact local advocate for more clarity.
1. It is not mandatory to notify any proposed sale in Newspapers in Gujrat or any other place in India as per law.
2. However, in case of disputed properties or wherein disputes can be anticipated, release of paper notification makes people aware of the proposed sale and objections can be intimated before the sale deed is registered to the buyer thus cautioning him about the anticipated encumbrance on the said property.
3. Such release of notification also acts as a defense for the seller and/or buyer that the proposed sale was alreaday notified, in case the said sale deed is challenged before the Court by a third party on a later date.
No, no such rule in whole of India.
During the sale process there is no requirement of a news paper publication.
Regards