Cancellation of gift deed?
Querist :
Anonymous
(Querist) 25 February 2018
This query is : Resolved
I AM FROM ANDHRA PRADESH. MY MOTHER GOT 1.50 ACRES FROM HER HUSBAND AFTER HIS DEATH(DIED IN 1987).MY FATHER GOT 3.00 ACRES FROM HIS FATHER. MY GRAND FATHER GOT SAME LAND FROM HIS FATHER THROUGH PARTITION. PARTITION DONE ORALLY.
ACCORDING TO MY KNOWLEDGE IT WAS SELF ACQUIRED PROPERTY IN THE HANDS OF MY FATHER.
WE ARE 5 CHILDREN i.e 3 BROTHERS AND 2 DAUGHTERS.
MY FATHER SOLD 1.50 ACRES FOR MY SISTERS MARRIAGE AND SALE PROCEEDS GAVE AS DOWRY.
MY MOTHER IS ALIVE AND WRITTEN A WILL DEED IN DECEMBER 2017.
IN WILL DEED, SHE WROTE AS EQUAL SHARE TO 3 BROTHERS AND NO SHARE TO 2 DAUGHTERS.
BUT, WITHOUT OUR KNOWLEDGE MY ELDER SISTER AND HER HUSBAND BY USING UNDUE INFLUENCE, COERCION ON MY MOTHER AND REGISTERED 50 CENTS AS GIFTDEED ON 07/02/2018.
TODAY MY MOTHER TOLD ME ABOUT THAT REGISTRATION AND CHEATING BY MY ELDER SISTER.
MY MOTHER IS READY TO CANCEL THE GIFT DEED NOW.
IS IT POSSIBLE?
WHAT IS THE PROCEDURE?
Vijay Raj Mahajan
(Expert) 25 February 2018
At the time of death of your father your mother couldn't become sole owner of the property in question, namely 1.50 Acres because your father died intestate and no Will was made by him for the property, moreover the property was originally was that your grandfather got by way of partition from his father. The property in question was at all self acquired property of your father is doubtful.
Even if it is considered self acquired property of deceased father, the share of all the children in the Family and share of widowed mother has to be taken in account, making any gift deed of 50 % of 1.50 Acres in favour of one daughter by you mother by itself not valid. Your mother making Will too is invalid because it's not her sole property but property of you all children along with her, each one having one share each.
Kappil Cchandna
(Expert) 26 February 2018
Sir,
If she is willing and ready to cancel the gift, she has file the suit for cancellation of the gift and prove the facts before it can be cancelled .... There are ample number of case laws in her favour ....
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Kumar Doab
(Expert) 26 February 2018
The gift deed may be cancelled with explicit consent of both donor and donee..
Or contested in court of law on merits and facts and court may/may not revoke IT.
Kumar Doab
(Expert) 26 February 2018
Are you all Hindu?
By which means/deed the half property was transferred in the name/title of Mother?
Did any legal heir sign NOC/any deed e.g; relinquishment/release/transfer/gift etc in favor of mother so that she gets said 1.5 acres?
If yes, what is the contest now for her share?
If NO, on basis of which document you mention that your mother got title of 1.5 acres.
Has the said gift deed been registered and updated in mutations record?
Did mother appear before registering Authority to sign gift deed?
Has mutation record been updated on basis of Gift deed?
Has mother/legal heirs signed any document to effect mutations?
Kumar Doab
(Expert) 26 February 2018
Ancestral Property; should be four generation old…………i.e Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, or acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
If partitioned by valid/registered partition deed the property may lose IT’s ancestral character…
Obtain copy of mutations records with all link docs starting from Father of your grandfather to the current date and preferably approach with copies of docs a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and having successful track record in such matters and……………….worth his/her salt..for a considered opinion..on options and merits in each option.
Dr J C Vashista
(Expert) 27 February 2018
If you want to seek obligation of experts you will have to disclose your identity as per rules of this platform, no reply for anonymous author.
Kumar Doab
(Expert) 27 February 2018
Post full details when you post next......with your Id
And Without any hesitation approach with copies of docs a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and having successful track record in such matters and……………….worth his/her salt..
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with Vi9jay Raj Mahajan and Kumar doab.
