(Guest)

Revocation of a gift deed (hiba)

A husband (Donor) has executed a gift deed (hiba) in favour of his Wife (Donee).

Due to unfortunate circumstances (ill health of their son) the father wishes to the revoke the gift deed.A rather rare case where the mother is not willing to dispose the property to pay for her son's medical expenditures.

It clearly states under law that a husband cannot revoke a gift deed , However due to the complex nature of a hiba , a case can be structured to address the needs of the father (father is the actual owner of the property, hiba was made without any consideration,it says.. transfer is being made out of "love and affection" on the actual gift deed)

Worth of the property is in excess of Rs 3 cr.

I wish to hire a lawyer in Bangalore who can handle this case .

Any relevant advice would be much appreciated.

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4 Replies

Dr J C Vashista (Advocate) 31 March 2014

Gift is irrevocable after it is accepted by donee

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 31 March 2014

Originally posted by : Sultan
	I wish to hire a lawyer in Bangalore who can handle this case . Any relevant advice would be much appreciated.

Once possession of an immovable property is parted thru a HIBA (Gift), it cannot be revoked, for whatever reason, to the exception of proving that HIBA was the result of a provable Fraud /Life-Threat.

You may contact Advocate S. Hemanth (Mobile No. 9844085056) of Bangalore

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

T. Kalaiselvan, Advocate (Advocate) 31 March 2014

A Hiba or gift has been defined under the Mohamedan Law as a transfer of property made immediately and without consideration by one person to another and accepted by or on behalf of the latter. Under thesaid law, gift is a donation conferring right of property without exchange. The gift is in the nature of contract where there must be a tender of property, acceptance of the property by the donee and delivery of possession of the property. It is only when these three ingredients aresatisfied a gift is completed. The object behind the compliance with the three ingredients is that there may not be any future dispute in respect to the property that is gifted to the donee.

Normally a gift once made is irrevocable, however it is revocable before delivery of possession for the simple reason that before delivery a gift is incomplete.

Even after delivery of possession, a Mohamedan gift can be revoked by a decree of court except under a few cases wherein a gift can never be revoked, for example: a gift by a husband to a wife or vice versa; If the donee is dead; if the thing or property passes out of the donee's hand by gift, sale etc.

(Guest)

Firstly thank you all for posting. I looked up the meaning for "delivery of possession".This is what i found..

Delivery is not restricted to the actual physical transfer of an item—in some cases delivery may be symbolic. Such is the case where one person gives land to another person. Land cannot be physically delivered, but delivery of the deed constitutes the transfer if coupled with the requisite intent to pass the land on to another.

Does "delivery of possession" mean that the plot should be registered under the donee's name ?