Mr A My grand father ( from maternal ) had a 107sq yard house in telangana hyderabad, Mr A has four his own daughters but no sons. After the marriage of all Mr A's 4 daughter's and they were all living happily in their husbands home, Mr A took a 20yrs young boy called P in his care and looked after him (didn't legally adopted him) and got P marry to his neice (A's own sister's daughter). When Mr A got old to the age of about 88yrs and when he was not mentally sound then P (the young boy) persued Mr A and registered a gift deed on his and his wife's (A's niece) name for the 107 sq yard house. None of Mr A's daughters signed as witnesses in gift registry deed. 6yrs ago Mr A has passed away and P is enjoying the position of Mr A's house and when Mr A's daughter's came to claim their fathers property P is saying your father has gifted me this house and showing the gift deed. Please advise how Mr A's daughter's can get their share in their fathers property.
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1) is the gift deed registered ?
2) If not it can be challenged in the court.
3) As you said the health conditions of Mr.A was not good or sound mind at the time of gift deed created. So this thing should be proved by daughter's in the court.
4) who are the witnesses who had signed on it.
Thanks for the quick reply Yes the gift deed is registered
The daughters will have get their rights as the Muslim person can gift only 1/3 share of his property at the time or in the situation of merjul-maut, as per Islamic law of inheritance.
1)the issue is whether Mr A was mentally sound at time of execution of gift deed?
2) daughters should file suit to set aisde gift deed on the grounds that A was not mentally fit at time of execution of gift deed
3)mention that A was 88 years old at time of execution of gift deed and that gift deed was executed under undue influence
you can file suit to set aside gift deed
2) seek injunction restraining sale of property by P
3) contact a local lawyer
1. Well,since this is a ancestral property the daughters have equal share in the same and A can nit transfer this proeprty outside his immediate descendant.
2. So the daughters of A can file a suit for declaration of the gift deed as null and void and for partition of the samepreprty among themselves.
3.So unless and until the the said gift deed is set aside by the court,the daughters of A has no relief to calim it .
1) Now you have to check the health conditions of Mr.A at the time when gift deed took. Means that particular period before 3 months and after 3 months. As you said 'A' was not sound mind person. You have to prove this in the court.
As he was old person he may be visiting family doctor and ask his condition of mental issue.
2) So you can get a proper evidence against gift deed. And it should nullify.
1. The owner of a property can gift it to anyone he desires. He is under no obligation to gift it to a blood relative alone.
2. The excluded legal heirs of Mr.A can challenge the gift deed in the civil court by filing a suit for declaration on the ground that Mr.A's consent to the execution of the gift deed was obtained through coercion or undue influence. UNless the gift deed is declared null and void it will prevail with full force.
If that property is self acquired property of A he can gift it to anyone of his choice. If you think any irregularities challenge the gift deed. It is difficult to challenge a registered gift deed. But the same can be challenged if executed by fraud, misrepresentation, coercion and without the wish of donor. Challenge the gift deed in court by filing suit of declaration.
As per S.6 of the Hindu Succession Act, Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
If the gift deed is registered before 20th-dec-2004, then the sisters cannot challenge the gift deed.
Gift deed is a absolute.
If you have any medical history and doctor's report about father that on the date of execution and registration of the gift deed he is not of sound mind, you still have a case to fight it out other wise the gift deed registered 6 years back you may not succeed.
1. A Stamp Duty paid duly Registered GIFT Deed, is irrevocable, irrespective of whether Gifted to Legal Heirs or Non-Legal Heirs (even non blood relations). UNLESS proved that the Gift Deed, was made by a mentally unfit person.
2. In the given circumstances, the actual Legal Heirs have no remedy to claim any status on the property of "A", to the exception of arm-twisting "P" to the negotiating table, for a Settlement, by filing a Civil suit, by giving documentarily cogent reasons.
Keep Smiling .... Hemant Agarwal
Dear Client,
Let me aware u the legal position.
Person can GIFT his Self acquired property to any of his choice and by executing the gift deed ur father already disinherited u all 4.
Only if it is proved that the gift deed executed under undue influence/coercion, possibility of cancellation of gift deed. Else no remedy.
If the land has been transferred by Mr. A by means of a registered gift deed then it will be very difficult for the daughters of A to claim the share in the property.
1. P has managed the property by taking all legally correct steps.
2. He has got the gift deed signed and registered in his and his wife's name in presence of two witnesses.
3. The only option left before the daughters of Mr.A is to collect evidence of the fact that at the time of registering the said gift deed, Mr. A was not in correct mental state for which he was not eligible to execute and register the said gift deed which P had managed to get signed fraudulently. Medical prescription pf Mr.A issued by a psychiatrist at that time prescribing medicine will be a good evidence to prove that he was not eligible to execute any legal document for his the then mental incapacity/state.
4. In the instant case, the witnesses of the said gift deed will be of very high importance and their deposition before the Court in favour of the daughters and against P will tilt the case completely against the genuineness and validity of the said registered gift deed.
5. However, as per Sharia gift deed of property of a Muslim is pre-specified and it can not be to a non blood related person for which the daughters can challenge the said gift deed before the Court of law.
A person can give his self acquired property to any one he desires during his lifetime by means of a gift deed.
However the daughters can take chance and file a suit to challenge the gift deed, saying that the same was taken from an old and infirm person by means of cheating.
regards
Without registration, no deed of conveyance including gift deed is valid in the eyes of law.
If this deed was executed with free will and consent of Mr. A and he was not coerced to execute the same, in that case this deed is valid for all the purposes.
Before going to reply your query , You should know the following laws under Muslim Law:
- As per Muslim Law "Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. Further Registration is neither necessary, nor sufficient to validate the gifts of immovable property. whether it is attested or registered or not, provided that the delivery of possession has taken place according to the rules of Muslim Law.
- Under Muslim law, all gifts are revocable before the delivery of possession is given to the donee. It will not make any difference that the gift is made to a spouse, or to a person related to the donor within the degrees of prohibited relationship. The fact of the matter is that under Muslim law no gift is complete till the delivery of possession is made, and therefore, in all those cases where possession has not been transferred the gift is incomplete.
- According to the Hanafi School, with the exception of the following cases, a gift can be revoked even after the delivery of possession. Some of exceptions :
1.When a gift is made by one spouse to another.
2.When the donor and the donee are related within the prohibited degrees.
3.When the donee or the donor is dead.
4.When the subject-matter of the gift is no longer in the possession of the donee,
5. When the value of the subject-matter has increased.
6.When the donor has received something in return (iwaz).
Now under the above rules of law come to your case :
The possession of the property was handed over to the donee during the life time of donee ,so it is not challengable.
Further Mr A was having his legal right to gift/ transfer his property to anyone as per his wish even to a non blood relative. So , it is not challengable .
Thus, finally the challengable aspect is only the age of Mr A and the witness of the Gift Deed i.e. the Gift deed was not signed in the presence of any family members of Mr.A. It means , he has gifted the said property to the donee under the influence , force and due to unsound mind being 80 years old.
Therefore , daughter of Mr.A can challenge the said gift for getting the relief in her favour after filing a suit of Deceleration, Possession & Mandatory Injunction . Sure , she will get her share as per Muslim Law.
Good Luck and dont forget to positive Rating.
By challenging the gift deed in court.
If this property was Mr. A's own property and he had transferred the same to a person of his choice during his lifetime, then there was no property left behind by A at the time of his death.
Therefore the claim made by A's daughter after his death for the non-existent property is not maintainable.
There is no property left behind for her to claim a share in it.
Even if she files any civil suit, it may not be maintainable at this stage.
Thanks for the quick reply
Yes the gift deed is registered
The registered gift deed is legally valid and not revocable. for any reason at this stage especially when the donor is not alive now.