karthikeyan (software engineer) 22 August 2011

Gift settlement deed cancellation

my father gave me property by gift settlement deed registered on 6.8.2006. he cancelled it by the next day itself.actually he got this property by family property partition. i'm paying property tax and gave it for rent and have a rental agreement on my name till date. last month he sold that property to someone which is registered. can any one help me how to restore my document and get back my property.he's in immoral side sold many properties and destroyed most of our properties. this is the final one i saved. plz any one help me to save my property

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Mohandoss.R. (Assistant) 25 August 2011

Dear, Please note: (i) Gift Deed, once executed can NOT be cancelled, and even if it is cancelled, it will NOT stand. But, the cancellation becomes VALID (i) if he had retained a clause/right to do so in the Gift Deed; (ii) if the possession of the Gifted property is not handed over to the Donee (iii) sale deed has been held by Apex court as Invalid, if the intention of the buyer is otherwise/malafide. For holding the Gift Deed VALID, following six elements of Transfer of Property Act have to be fulfilled. (

Section 122 and 123 of Transfer of Property Act);

i) the donor -

(ii) the donee -

iii) the absence of consideration

(iv) the subject matter –

(iv) the acceptance of gift -

(v) the delivery of properties -

Now, you yourself can examine the stregnth of your side of the case. R. Mohandoss, a sufferer like you.