Mahammed Taheer (NA) 19 August 2014

Muslim personal law - gift deed

Hi Law Experts,

My father has piece of land in my native and he wants to partition among all my brothers including me. We thought to get it transferred and follow the normal blood relation registration act by paying the required registration charges(which is quite high). My father knows a lawyer in my native town, Lawyer suggested instead of paying high registration charges you can get it gifted as per Muslim Personal Law. Lawyer said that this process is called as "GIFT CONFIRMATION DEED" and it will be equivalent to normal registration.

Can somebody in this expert group help me in understanding the full process(may be sharing some web site links). Also suggest whether it's legal or not and It'll not create any problem in future for all of our brothers.

Expecting quick responses.

Million thanks in advance.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 August 2014

the gift deed itself does not take effect till the confirmation of deed was not executed and registered. As theconfirmation deed itself was not the gift deed, but it was only acknowledgment ofconfirmation, this document will take effect only when it was executed and registered

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Parvez Ansari (None) 19 August 2014

Now there is judgement of SC that Muslim gift deed is not required to be registered even if it is written one.

5 May 2011

Hafeeza Bibi & Ors
Versus
Shaikh Farid (Dead) byLRs. & Ors

JUDGMENT :R.M. Lodha, J.

Plz check and confirm with the experts.

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Mahammed Taheer (NA) 20 August 2014

Thanks a ton for the reply Ramachary Sir & Parvez Ansari.

What is the correct process? I remember our lawyer was saying their is some process to be followed to execute this gift deed. If there any web sites pls share I will go thru in details.

Thanks in Advance.