Gift Deed cancellation
Waseem Ahmed
(Querist) 14 July 2015
This query is : Resolved
Hello,
My grandmother gifted a portion of a property to my chachi and bua in 2011 which was already in their possession. Remaining portion she made a will in favour of my another chacha who was also given possession in 2014.
She passed away two months back. Can we successfully challenge the registered gift deed and get it cancelled through high court ?
We are Sunni Muslims.
Hemant Agarwal
(Expert) 14 July 2015
Gift Deed, which is duly executed, is IRREVOCABLE.
However, a Gift Deed can be nullified, IF documentary'ly proved that the Gift Maker was of unsound mind or that the Gift was made due to coercion or ....
Keep Smiling .... Hemant Agarwal
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Waseem Ahmed
(Querist) 14 July 2015
As per her hospital reports, My grandmother was suffering from an illness that also has short term memory loss as one of its effects. How can this fact be helpful ?
Chanchal Nag Chowdhury
(Expert) 14 July 2015
A muslim may gift only 1/3rd. of his/her property as per his/her wish. The rest will be distributed as per Muslim Personal Law.
Waseem Ahmed
(Querist) 14 July 2015
I may be wrong but as per my knowledge a muslim can will 1/3rd of his property.
Gift can be done of even full assets.
J K Agrawal
(Expert) 15 July 2015
Just check validity of will under Muslim law. You will find some grounds to challenge. If gift is made during Marj ul maut, it is not valid. There may so many other grounds also.
Waseem Ahmed
(Querist) 15 July 2015
That is not the case. The gift is through a registered gift deed made 4 years before her death. The donees are in possession of the gift. Can short term memory loss be used to nullify the deed and how to prove it ?
P. Venu
(Expert) 15 July 2015
Under Muslim Law, a gift need not be registered. The test is whether the donee has been put in possession and has accepted the gift.
