Revocation of gift deed

Dear Mr. Mukesh,

I was following up this matter on this forum for quite some time.  Most of the experts were of the opinion that the revocation is not possible and advised to file a declaration of suit.  However, some experts are of the view that "A Gift Deed cane be revoked by the doner anytime during his life time.  A donee cannot acquire a better title to the property than that of the Donor.  In view of the Gift Deed being revoked, the donee do not acquire any legal right nor title to the property".  My view is even if the donor has the right to do revocation, it should be done only with the consent of the donee or with court's directive. Both should be present at the registrar's office to sign on the cancellation deed. Please clarify.  

In my case, the revocation was done without donee's consent and without any court directives.  The reason for the revocation mentioned is that the doner's name is still appearing on the revenue records.

I would like to construct a house on the property, what action should I do now legally and how to book the opposite party for their illegal action. 

Regards

Syed

Dear Mr. Mukesh,

I was following up this matter on this forum for quite some time.  Most of the experts were of the opinion that the revocation is not possible and advised to file a declaration of suit.  However, some experts are of the view that "A Gift Deed cane be revoked by the doner anytime during his life time.  A donee cannot acquire a better title to the property than that of the Donor.  In view of the Gift Deed being revoked, the donee do not acquire any legal right nor title to the property".  My view is even if the donor has the right to do revocation, it should be done only with the consent of the donee or with court's directive. Both should be present at the registrar's office to sign on the cancellation deed. Please clarify.  

In my case, the revocation was done without donee's consent and without any court directives.  The reason for the revocation mentioned is that the doner's name is still appearing on the revenue records.

I would like to construct a house on the property, what action should I do now legally and how to book the opposite party for their illegal action. 

Regards

Syed

Yes, I had registered the Gift Deed.  Registered made in the year 2003 at the designated Registrar's Office in Chennai.  Again, in 2007 the property has passed on to the minors as "settlement Deed"  me as a legal guardian and duly registered.   After this Settlement Deed in 2007 only, the opposite party had cancelled illegally in 2008 without moral and legal principles.

However, I would like to mention to this Forum that that gift deed was made only for the purpose of reducing stamp duty.  Actually we have purchased the property by offering money to the doner in order to wipe out some of doner's debts. This fact the doner has also agreeing. 

Please advise.

Regards

Yes, I had registered the Gift Deed.  Registered made in the year 2003 at the designated Registrar's Office in Chennai.  Again, in 2007 the property has passed on to the minors as "settlement Deed"  me as a legal guardian and duly registered.   After this Settlement Deed in 2007 only, the opposite party had cancelled illegally in 2008 without moral and legal principles.

However, I would like to mention to this Forum that that gift deed was made only for the purpose of reducing stamp duty.  Actually we have purchased the property by offering money to the doner in order to wipe out some of doner's debts. This fact the doner has also agreeing. 

Please advise.

Regards

Dear Experts,

Further to the above points, I request experts to advise me on the following:

1.  I would like to construct  a house. What are all the legal steps to comply with?

2. Since they betrayed me, I would like to book them under Sec.406 (Cr. Breach of Trust) and any other sections falls under this category.

3.  Presently, I have secured the place by constructing a small thatched hut (10x10) with lock and key and appointed a security person to take care of.

Expert's valuable advise is solicited.

Regards

Syed

For proper advise, please answer the following:  1) Whether the gift was made under Mohamedan Law?,  2) Whether both parties are Muslims?   3)  Whether the donee was a minor?

Thank you Sir,  My replies are as follows:

1. The Gift Deed was registered at the Sub-Registrar's Office at Konnur.  The Deed was registered as other normal registration.  I do not know whether this registration comes under muslim law or as per Indian TP or Gift Act. We have not involved any special muslim lawyers for this registration.

2. Both parties are muslims (first degree relationships). i.e. Doner is Father, Donee is Elder Daughter, me (son-in-law the legal guardian).

3. The Donee was not minor at that  time. The Registration was done during 2003.  

4. After the above  Registration during 2003, the donee passed on the same property to her 4 minor children (now one major),in the year 2007 me as a legal guardian.  

Regards

Syed

5.  In 2008, the cancellation takes place without the consent of donee and any court's directive.

Your valuable advise is critically needed as I am planning (1) to construct a house through a loan and (2) to take criminal/civil action) for betraying us (since we have handedover all the original documents in my in-laws for "safe custody" and went abroad).  

Thank you Sir,  My replies are as follows:

1. The Gift Deed was registered at the Sub-Registrar's Office at Konnur.  The Deed was registered as other normal registration.  I do not know whether this registration comes under muslim law or as per Indian TP or Gift Act. We have not involved any special muslim lawyers for this registration.

2. Both parties are muslims (first degree relationships). i.e. Doner is Father, Donee is Elder Daughter, me (son-in-law the legal guardian).

3. The Donee was not minor at that  time. The Registration was done during 2003.  

4. After the above  Registration during 2003, the donee passed on the same property to her 4 minor children (now one major),in the year 2007 me as a legal guardian.  (Our only fault is that we have  not changed the names in the revenue records due to our conditions and since we are treating them as mother/father). Sensing this, the doner and members have taken this as weapon.

5.  In 2008, the cancellation takes place without the consent of donee and any court's directive.

Your valuable advise is critically needed as I am planning (1) to construct a house through a loan and (2) to take criminal/civil action) for betraying us (since we have handed over all the original documents in my in-laws for "safe custody" and went abroad).  

Regards

Syed

From your reply it appears that you have not involved Muslim personal law in the gift deed (?), however, if the gift deed was done as per TP Act, the same is irrevocable and the donor  has got no rights to revoke it just because he had the possession of document with him and that the revenue records were not transferred to the donee's name. It is illegal and invalid and not binding on the donee.  You can very well go ahead with the construction, before that file a caveat petition so that he does not obtains an injunction against you without you being informed by the court about it. Subsequently you can file a suit to cancel the revocation deed or to nullify it, please consult a local lawyer and act fast.