gift settllment deed
rajendran
(Querist) 01 December 2009
This query is : Resolved
One Mr.Mohamed yahiah residing at madurai. He has three valuable properties at Maduraia City. He has two younger brother namely Sathakathullah and Rahamathullah. Since from 1994 said Moahamed yahiah taking Psychological treatment. As per the muslim customs one Mr.Abudl Rahman who is the son of Said Mhomed yahia married the Daughter of Rahamathullah namely Farzana Begam in the year 2004. Because of some family disputes and mis-understanding the said Farzana Begam left the matrimonal house in the years 2008 August. Being aggrieved by this on 27.12.2008 early morning said Rahamathulla forcible taken said Mohamed yahiah to the police station and obtained signature in various typed stamp papers and later he bring to sub-registrar office with help of one Sub-Inspector namely Moahamed Ali and registered all the properties of said Moahmed yahiah by way of gift settlement deed under threatening.At that time said Mohamed yahiah under contorl of drug(regular medicine) Subsequently said gift deed was canceled on 15.02.2009. after some months latter said Rahamathulla filed suit for declaration against said Moahamed Yahia. There is no change in all revenue records of the property including house and property tax. The Possession of the all property with said Mohamed yahiah
1.question: Whether gift deed dated 27.12.2008 is valid one or not?
2. Whether cancellation deed dated 15.02.2009 is valid or not?
3. If not so how to handle situtaion
Arul Kumar
(Expert) 01 December 2009
If the gift deed was obtained under coercion or undue influence or fraud, then such gift deed is void and cannot be enforceable by law. Now the facts have to be proved in the court law and secure the property.
Raj Kumar Makkad
(Expert) 01 December 2009
1. No. it is under undue influence so it is nt valid and can be got rescined.
2. No. It is not valid because legally after making gift, the donor has neither any control or title to get the deed cancelled. It is the right of only civil court to declare such gift as a fradulant act and thus to set aside it.
3. I have already replied it. Go to civil court, get stay order against vacation, further disposal of the property and seek setting aside of the gift-deed.
S. Bharath
(Expert) 01 December 2009
Mr. Makkad is right. The remedy lies in a civil court and not by writing a cancellation deed, which I find is often practised now upon improper advice.
raveendran
(Expert) 01 December 2009
Under Muslim law even an oral gift is very much valid if the donor understands what he is doing and if the doness accepts the same.However a settlement deed can be challenged if it is obtained by committing fraud before a civil court. The court has to declare the deed as null and void and a mere cancellation of settlement deed in the registrars office is invalid.
S.Raveendran, Advocate, Coimbatore.9843232568
rajendran
(Querist) 05 December 2009
Thank u very much sir. Because your answers are encouraging the junior advocates as like me and your guidance are very useful to succeed in our practice and profession
