sanjeev (Member technical) 26 December 2013

Registered from a document which had revoked.

Hi,

Someone lets say X person had got a gift settlement from Y person in 2006. Then later this gift settlement had been revoked in 2008. But we didn't know about this and bought land from X and got it registered with his document. Now if we take EC of this, we are getting our document and link document as 2006 document. We are not getting 2008 document by default. But when I select all the documents, then I got to know that the gift settlement happened in 2006 had been revoked in 2008.

Now my questions are:

1. How come our registration got successful even though the link (2006) document (gift settlement) had been revoked in 2008 which means the land owner of that property is Y but not X. But we got registered from X only.

2. Who is the actual owner of that property. Is our registration is legal? If not how do I proceed it?

Can you please help me here, thanks in advance.

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3 Replies

adv.raghavan (Advocate,9444674980) 28 December 2013

you had failed to inform us which year you bought this property? if u have bought before 2008 X is the owner, if u have bought after 2008, X MAY BE THE OWNER IF THE GIFT DEED WAS CANCELLED WITHOUT THE KNOWLEDGE AND CONCURRENCE OF X, and if (cancellation) had been done with the KNOWLEDGE AND CONCURRENCE OF X, Y IS THE OWNER AND YOUR DEED FROM X ,IS NULL AND VOID, U CAN SUE X FOR CHEATING.

sanjeev (Member technical) 28 December 2013

Thanks for your replay. We bought in 2013 only. We do not know whether the cancellation had been done with knowledge of X. When we took EC online we got to know about this cancellation (revocation of gift settlement).

Is it possible to show a revocation document (which revoked actual gift settlement between X and Y) in EC even if it is not happened with knowledge of X. I mean how come it is appearing in EC if revocation of gift settlement is not agreed by both X and Y. Can I treat that it is mentioned in EC means this cancellation is successful?

Is there a way to know who is the actual owner of this land (I mean by taking pahani or etc?) and is it possible that registration can be done even though X is not actual owner of this land? Can't the registration office ignore this registration while we are registering the land from X?

I am very new to these, please help me.

adv.raghavan (Advocate,9444674980) 28 December 2013

take out revocation deed copy from the subregistrar office and find out whether cancellation was done mutually, it cannot be done unilaterally by donor alone, in that case Y is the actual owner, u can sue for X for misleading and persists him to rectify things under indemnity clause in sale deed, failing which ,based on the sale deed and revocation deed u can file criminal case against X,under section 34,417,420,464,465 of IPC., Registrar is not suppose to accept this , he should have rejected it at the first place when he came to know about the revocation. As of now Y is the owner of the land.