gift deed cancel

Easwaramoorthy (Querist) 23 November 2015 This query is : Resolved
Dear sir
I done gift settlement to my brothers daughters in 2010 with the condition is after my mother life they will take the property.Till now mother is living with myself in same property.in the year 1998 I done unregistered document to my mother said that I am not involved this property to any legal action.still the property is use by myself and my mother only.due to my brothers family dispute I cancelled the above said conditions gift. Deed.now they file a case in court.please suggest how judgement will come

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P. Venu (Expert) 24 November 2015
Is the deed registered?

ABDUL RAZIQUE (Expert) 24 November 2015
without filing of case you want to know the judgement of matter.
Nice built castle in the air and enjoy the living.

K.S.Srinivas (Expert) 24 November 2015
In case the gift deed is unregistered, it is legally invalid and cannot pass any title to the Donee. According to Section 123 of The Transfer of Property Act, it is invalid if a gift of a property is not registered.

If the gift deed is registered, then the donee will become the absolute owner of the property and can not be cancelled.

Rajendra K Goyal (Expert) 26 November 2015
Unregistered gift deed are not legally enforceable.

T. Kalaiselvan, Advocate (Expert) 02 December 2015
You want to know the outcome of the case?, you should know that the experts here are not astrologers to predict what will be next or the outcome or the judgement in any case.

Guest (Expert) 02 December 2015
If the Original/Parent Documents are with you,your self need not worry.If the Gift Deed is a Registered One the Presence of your brother also would be needed at Registrar Office.If it is Un Registered and No Money was involved for it Serve A Notice to your brother regarding the Cancellation.Better Consult an Advocate with all documents

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