You have to file suit to set aside gift deed on grounds that gift deed is not executed by your father and for setting aside registration of property card done in brother name
How to cancel property card
I have a ancestral property around 2600 sqmt with my name on 7-12 document. My 3 elder brother had got property card done on 1300 sqmt ( on which there is G+1 Storey building ) by showing a gift deed done by my father in 1975. The age of my two elder brothers at that time was 16 years and the gift deed given for property card registration does not bear any signature or thumb impression of my father. I want to know the procedure to cancel or challenge the gift deed as well as property card as per Muslim personal law.
Asked 4 years ago in Property Law
Religion: Muslim
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5 Answers
1. Muslim is legally entitled to make ORAL Gift Deed (HIBA) and his signature is not required on any such document.
2. Further since matter is of 1975 (more than 45 years old), the same is legally not tenable for legal dispute in a Civil Court, due to the Limitation Act.
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If the gift deed was executed as per Shariat law i.e., by a Hiba, it should satisfy three essential conditions.
It means the three essentials condition for a valid Hiba is essentials namely, the declaration, acceptance and delivery of possession.
If the above is satisfied then the Hiba cannot be cancelled.
If the property card has been made as per the above Hiba or gift deed, then you may not be able to challenge the entries in the property card that are found to be in their favor.
If the gift deed was executed as per transfer of property act then it can be challenged within three years from the date of execution.
Especially if the property was transferred in the year 1975 by your father, you have no reason or grounds for challenging the gift deed at this stage.
However in your interest you may consult a local advocate with all relevant documents and decide on the advise rendered by the advocate.
Dear sir,
You will have to file a civil suit for cancellation of the gift deed on the ground of forgery and fraud.
Please note, your claim is barred by limitation law and you will have to prove that you have discovered this fraud only now.
1. On what basis you call the property ancestral? Property becomes ancestral only if it remains undivided for 4 generations.
2. If the gift deed does not bear either signature or thumb impression of your father then remedy in your hands is to file a suit for declaration to declare the will as void and non est in the competent civil court.
