Civil Procedure Code (CPC)

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Cancellation of a git deed through a special power of attorn

(Querist) 31 July 2021 This query is : Resolved 
1) The receiver of a property through a gift deed wants to cancel it.
2) can the gift deed be cancelled through a special of attorney, issued from a different state, and the property in a different state.
3) The original gift deed lost.
4) The property is in the prohibitory list of the sub registrar records.
Ur suggestions shall be helpful
kavksatyanarayana (Expert) 31 July 2021
Do you mean of the receiver a donee? If you are a donee, then you cannot cancel it but you may gift it to the Donor from whom you have received it. If the POA is executed in one state, then after receipt of the POA in another state within three months it should be got validated by the Collector under the Indian Stamp Act (the District Registrar/RDO/SDO/Joint Collector of the District). It is better to go to the District Registrar and after validation of the POA, the agent of POA can execute the deed for which purpose you have given the POA.
Dr J C Vashista (Expert) 01 August 2021
How the gift deed was registered by sub-Registrar when subject property was declared as "prohibitory" and not in the power of the donor?

After acceptance of gift by donee (beneficiary) it becomes irrevocable, why does the donee want to cancel ? However, consent of donor has not been there to cancel gift deed, isn't it?

Unconvincing and unbelievable facts have been posted.

Consult a local prudent lawyer for better appreciation of facts and professional advise.
Advocate Bhartesh goyal (Expert) 01 August 2021
Vague and imaginary query.
kasturi Yogender (Querist) 01 August 2021
Dear Team
I think i was not clear, so to continue my question
1) The cancellation of the gift deed by mutual consent. 2) When the gift deed was executed it was not in the prohibitory list of the sub-registrar
kavksatyanarayana (Expert) 01 August 2021
Yes. If it is not on the list of prohibited properties, the donor and donee by mutual consent may execute a cancellation deed.
Dr J C Vashista (Expert) 02 August 2021
Status of property (prohibition) can not be changed over-night as stated by you, recheck.


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