Gift deed cancellation
VIJAY KANTHI
(Querist) 13 April 2017
This query is : Resolved
Wife is an ostensible owner of a suit schedule property, On 24-03-2007 Husband named "Y" purchased 4 No of Plots in the name of his Wife named "X".
X has transferred said sale deed in the form of Gift Deed to the Husband "Y" on 18-06-2007.
After some time aroused issues between both of them, hence X has approached sub-registrar and submitted a Cancellation deed and same was admitted and done by the SRO.
Now Husband Y is challenging the Cancellation deed.
Issues :-
1). Whether Gift deed is revocable...?
2) Remedies for Husband.
3) Husband can file a writ under "Writ of Mandamus" at high court and would he seek cancellation of deed.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 April 2017
1.if it is executed by force 2. Compromise if possible 3.yes but seems no merit.
Raj Kumar Makkad
(Expert) 15 April 2017
Gift once accepted, cannot be revoked unless it is based upon fraud. You have not mentioned much facts and your relation with the query without which it is near to impossible to provide you best legal advice. Husband has every right to challenge the order of SRO not desired in high court.
VIJAY KANTHI
(Querist) 20 April 2017
Gift was accepted in the year of 2007.
In the year of 2014 Donor approached and executed cancellation of gift deed. At this time Husband resides at abroad and he came to know recently.
Now between wife and husband arouse family disputes.
Does we can file a Writ of Mandamus and seek direction to cancel the subsequent transaction.
