Gift deed cancellation
ss
(Querist) 05 January 2013
This query is : Resolved
Dear Sirs,
I wanted to hv your expert adv on the below issue -
This is reg a family - husband / wife and 2 children.The husband has given property with house in which they were residing to wife via gift deed in June 12. The wife with her children are still residing in that house, but the husband is not living there now.
It was an unconditional gift deed and also states that he does not hv any further hold on this property. Now by Mid dec he has been to the registrar office and has cancelled the deed. The reason stated is he is not interested in giving the property to the wife and further that the possession is still with him.
Now the lawyer approached has suggested to file a writ saying this cancellation is not valid. Can you all pls suggest
1) if this the way to respond or is there any other option to approach legally.
2) The law points that are in the favour of the wife
3) Any important similar cases that can be cited.
Though the lawyer is doing the needful, all of your valuble insight in this will be really helpful.
Devajyoti Barman
(Expert) 05 January 2013
No Writ is required. A deed of cancellation of gift has no force in the eye of law.
A gift is always a gift and only a court of law can declare it as null and void.
There is no other lawful way-out to cancel ut.
R.K Nanda
(Expert) 05 January 2013
no more to add.
ss
(Querist) 05 January 2013
Dear Mr. Barman - thanks for the adv.
Can you also pls clarify how the wife can prove this cancelled is not valid. I'm asking this becoz if the the husband sells it to someone else after few days will it not make things still harder.
Raj Kumar Makkad
(Expert) 05 January 2013
1. No. A civil suit for declaration is required to be filed seeking declaration that the cancellation of deed is invalid.
2. Wife is absolute owner of the property since the day of acceptance of the gift and her right cannot be withdrawn from her by way of any cancellation of the deed.
3. Search the relevant citations from google.
