is unregistered gift deed valid under mohammedan law
Waseem
(Querist) 15 March 2010
This query is : Resolved
hi respectful lawyers,
the facts of tha case is that a person had made a gift in favour of my father regarding a 1.5 guntah land in the year 2002 on a Rs.50 stamp paper with the signatures of 2 witnesses on it and in the event gave the original 7/12 document of the said land to my father.but as my father being not too educated he neither registered nor got the 7/12 document changed to his name.now after 8years tht particular person is not ready to get the gift deed registered as he had specifically mentioned in that gift deed that he,his wife and his sons will have no claim of wht so ever and that no one of them shall ever make any lawful claim in the said land adn shall not file any case or will let arise any dispute regarding the same in future and tht when my father wishes to register the said gift deed they will be present and will provide their full consent and help to do the needful.But now after 8yrs they r changing their statement and denying to execute the said gift deed or to be present for registration .So i would kindly request all the experts to provide me with the remedies and solution both legally and other amicable way of settling this dispute as soon as possible
Raj Kumar Makkad
(Expert) 15 March 2010
In the given case, the right of the donor extinguished on the day he gifted the property and thus he cannot take it back but problem here is that the gift-deed is not registered which as per clauses of deed had to be registered at any time suitable to the donee so it is a valid gift and if its registration is being denied by donor or his legal heirs then such donee can go to civil court filing the suit for specific performance.
Waseem
(Querist) 17 March 2010
thnks Raj sir for ur kind suggestion but plz if its possible can u make it clear for me tht as the gift is not registered is there any ground for me to file a civil suit and also tht the said land is a govt alloted land of which the 7/12 is still in his name but in my fathers possesion and also that is there any ground on which he can claim back the possession of the said land
