Regarding revocation of gift property
Riyaz
(Querist) 08 February 2012
This query is : Resolved
A father (sunny Muslim) aged 80 -85, gifted his property to his three daughters. Their gift deeds are registered on 21.08.2008. They rented accordingly. It is a complete gift.
After few years, a sale deal for the gifted property was made between his two daughters 2nd & 3rd. His 3rd daughter paid advance to his 2nd daughter. After three months his 3rd daughter stepped back and collected the advance. This cancels the deal between these three.
After few months, again a sale deal was made between these two daughters (their father not involved). 3rd daughter paid advance. But 3rd daughter could not pay the balance amount within the agreed time, deviated the agreement made between them. So his 2nd daughter returned the advance. This created a conflict between two affectionate sisters.
Two months after this, their father executed a revocation deed, revoking the gift deed of his 2nd daughter, and registered in registrar’s office without the consent of his 2nd daughter and he gave this property to his 3rd daughter. Now his 3rd daughter is trying to take the possession of that property, by any way.
Q.1. According to law (including Mohammedan law), is the revocation is valid? IF NOT, her 2nd daughter does not like to go against her father in the court of law.
Q.2. Then how can she protect her property from her sister?
Q.3. what legal step, 2nd daughter should take to cancel the revocation in registrar office without involving (hurting) her father?
R.Ramachandran
(Expert) 09 February 2012
Please read the article by Expert Mr. A.V.Vishal at given at
http://www.lawyersclubindia.com/news/A-gift-cant-be-taken-back-SC-13653.asp
and you will get answer to your query.
prabhakar singh
(Expert) 09 February 2012
YES YOU SHOULD SOLVE THE WAY SUGGESTED TO YOU.
