Gift of immoveable property by grandfather according in Mohammedan Law is challenged by the other legal heirs in civil suit. My grandfather gifted a house to me and declared it in 2021. That declaration was made in presence of two tenants and one family friend. They are ready to state in the court that the oral gift was properly made by the owner. My grandfather was absolute owner of that house. He has three legal heirs. But only I lived with him. Others are living abroad. I am a lecturer in government college. My father died in last month and mother is living with me. When my grandfather died one of the legal heirs filed a civil suit and challenged the gift. My name is updated in the record of Nagar Nigam and also, I am paying house tax. The tenants are paying rent in my bank account. This civil suit is false and frivolous.
Asked from: Jharkhand
Based on the facts you’ve presented, it appears your claim regarding the validity of the gift under Mohammadan Law is strong. The law regarding the gift of immovable property in Muslim Law is settled by the Privy Council in Mohd. Abdul Ghani vs Fakhr Jahan Begum AIR 1922 PC 281. The Privy Council has held that there are three legal requirements for a valid gift in Mohammadan law.
- There must be a declaration of gift by the donor.
- That gift must be accepted, either directly or impliedly, by the donee or any other person on his behalf.
- The donor must transfer the possession of that property to the donee. If the donee is living in that gifted property he must take constructive possession of that property.
Written and registered gift deed is not required under the Mohammandan Law. Hence, an oral gift of immovable property is also valid. In your case the donor declared the gift in presence of three witnesses. The donor allowed you to receive rents from tenants and also permitted to substitute his name in assessment record of Nagar Nigam.
Those acts of donor proved that he has transferred constructive possession to the donee i.e. you. Your conduct itself proves that you have accepted that gift. The civil suit will definitely be decreed in your favour. All essential requirements of gift of immoveable property in Mohammedan Law have been complied in your case. Other legal heirs have no right in this house.
Related: Adverse Possession