Cancellation/revocation of gift deed
lissing perme
(Querist) 07 May 2013
This query is : Resolved
Respected Members,
Could Somebody help me out??
Fact of the Case:-Mr.' A' is allotted to Plot of Land by Government for Residential purposed. On 27/09/2011 Mr. 'A'and Mr.'B' executed a gift deed before the Judicial Magistrate First Class vide which said plot of land was gifted to Mr. 'B' by Mr. 'A' out of love and affection. But this gift deed has never been register before the Register Office.And as per the gift deed Mr. B need to get transfer the allotment order in his own name (though there was no mention of time frame for it),but Mr. 'B' yet to do so.
And on 04/04/2013, Mr. 'A' who was in need of Non Due Certificate from the Land department when visited the of the Land Department found that the aforesaid plot of land is still in his name and he need to pay due form Sept. 2011.And as such he was denied the certificate,which cost Mr.A heavily.
Question/Help:- Now Mr. 'A' want to revoke his earlier gift deed,Can he do so??
As Mr. A has lost heavily due to fault of Mr. B .Now Mr.A want to cancel aforesaid gift deed, is any way out for this in legal way.
Thanks in advance
Devajyoti Barman
(Expert) 07 May 2013
Since the deed of gift was neither properly executed and registered nor acted upon, A can continue to enjoy the same.
He however to avoid any future complications can swear another affidavit about recent state of affairs.
lissing perme
(Querist) 07 May 2013
@ Devajyoti Barman
Sir Thanks for quick Reply.
Again Sir could your elaborate more!!
and I forgot to mention one fact that the aforesaid plot of land is in possession of Mr. B., now.
Devajyoti Barman
(Expert) 08 May 2013
If it in possession of B now then A now shall have to file suit for recovery of possession.
Raj Kumar Makkad
(Expert) 08 May 2013
The oral gift of the immovable property has no place under Indian Law so the alleged gift was not complete. The gift deed also even if executed but not duly registered has no value in the eyes of law so A need to issue a notice to B about his decision to cancel the alleged unregistered gift deed and to demand the vacant possession of the property within a stipulated time failing which to file a civil suit for possession.
lissing perme
(Querist) 11 May 2013
@raj kumar makkad!!
Thanks your kind guidance.
Sir can you tell me the specific Section/Order/Rule under which suit for possession is file.
prabhakar singh
(Expert) 11 May 2013
Before i consider to answer or not your query you need to tell who A and B are by religion?
prabhakar singh
(Expert) 17 May 2013
Question/Help:- Now Mr. 'A' want to revoke his earlier gift deed,Can he do so??
ANSWER:In fact there was NO GIFT LEGALLY then question of REVOCATION DOES NOT COME INTO PICTURE.
Question/Help:- As Mr. A has lost heavily due to fault of Mr. B .Now Mr.A want to cancel aforesaid gift deed, is any way out for this in legal way.
ANSWER:I do not think any need of that kind of exercise.Mr.A is still owner as he was originally.He is advised to do some possessory act over property.
lissing perme
(Querist) 17 May 2013
@prabhakar singhJI
"He is advised to do some possessory act over property"
Sir could you pliz elaborate this in details as property is now with "B".and want to take back the possession legally.
