Gift deed on stamp paper notary attested.
Abdul Khader
(Querist) 30 September 2013
This query is : Resolved
We are 10 brothers and sisters; I am the second in the family, an NRI in KSA from last 40 Yrs. My mother had gifted me her entire property which was on her name in Year 1994 when both my parents were alive, and the gift deed is being signed by all my brothers and sisters, and the same document was being drafted on Rs25/- Non Judicial Stamp paper which is also being done notary attested by authorised advocate but was not being registered at sub registered office. The property was gifted to me only because I alone had supported my parents in their bad financial stages with big amount of money. The property was gifted to me by my parents as a repayment of my financial support. Now to my surprise after I came back to India after 25 years, I see my property is being occupied by my brothers and sisters, who have done development agreement with a construction builder and 5 floors building which is recently being constructed. Asking upon the reason from my brothers and sisters for cheating me. They now completely deny of my gift deed which my mother had given me. And they claim that my document is unregistered in sub registered office and it’s of no use now. Please guide me if I can recover my property back. Can I fight legally with all my brothers and the builder who have constructed a building on my plot. Can I able to cancel all those registered agreements and documents that my brothers have registered at sub registered office without my knowledge. Can I fight for my property, how much time it will take to get the position, can I legalized my gift deed now at sub registered office, can I able to cancel all their sale deeds. Please reply.
P. Venu
(Expert) 30 September 2013
A Muslim gift deed need not be registered provided the essentials of gift are satisfied. These are:
1. a declaration by the donor (offer)
2. an acceptance by the donee (acceptance)
3. the delivery of the property (transfer)
It is a question of fact whether these have been satisfied, esp. the third one as the queriest does not appear to be in possession of the property or its title.
Please consult a lawyer.
R.K Nanda
(Expert) 30 September 2013
meet lawyer personally.
Rajendra K Goyal
(Expert) 30 September 2013
Meet local lawyer personally and consult after showing him all the documents.
Abdul Khader
(Querist) 01 October 2013
Thanks Mr.Venu.
1. A declaration by the donor (offer)
Is the declaration must have done on any newspapers.
2. An acceptance by the donee (acceptance).
My parents have sent me the documents to Saudi through courier and the delivery receipt is still with me.
3. The delivery of the property (transfer).
It was not physically delivered to me, as my parents were staying in that old house which was constructed by my father, and the same was demolished during the construction of this new building.
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What is the strength of my existing document, which i have.
1.3 pages typed gift deed on Rs.25 stamp paper which was on my mother names.And the same is attested by notary lawyer.
2. The Documents are with measurement of all four side dimensions.
3. The document is being signed by all my bothers and sisters.
Request you to suggest me if i can fight legally with these documents or i shall close this matter and go back to Saudi and forget as a bad dream.
It is a question of fact whether these have been satisfied, esp. the third one as the queriest does not appear to be in possession of the property or its title.
