GIFT Registration Cancellation
Querist :
Anonymous
(Querist) 03 November 2010
This query is : Resolved
Hi,
My mother in-law registered her property to her daughter as GIFT under her influence and now she realized her mistake and wants to cancel her registration.
Will both the parties presence required during the cancellation of the GIFT registration or is it enough that only the GIFTED party can cancel on her own without the other party.
Please clarify .
Thanks
Sam
s.subramanian
(Expert) 03 November 2010
The gift cannot be cancelled or revoked by executing such deeds of revocation. Your mother in law has to file a suit for cancelling the gift deed on the grounds of fraud and undue influence before a civil court and seek such remedy.
R.Ramachandran
(Expert) 04 November 2010
Yes, the gift once given cannot be cancelled. Therefore, I agree with the views of Mr. Subramanian.
Querist :
Anonymous
(Querist) 04 November 2010
My mother -in law is 75 years old.We heard that there is GO that Senior citizens has the right to revoke the GIFT registration.
If not,Is there any other easy way for doing this legally and immediately.
Devajyoti Barman
(Expert) 05 November 2010
no, she will have to file the civil suit of declaring the gift deed as null and void .
Querist :
Anonymous
(Querist) 09 November 2010
Thanks a lot for your response.
My mother-in-law has totally realized that she has been cheated by her daughter and son-in-law as they sold off her property witout her knowledge.
She approached Human Right Commision for help.They said that it is possible for cancel the GIFT cancellation by getting an order from High court and HR people can do this process.
Can you please let us know that can we rely on HR commision to cancellation.Do they have such rights to get the High court orger for cancellation.
Please reply
Khaleel Ahmed Mohammed
(Expert) 10 November 2010
No they do not have any legal right to cancel such deeds. You are advised to file a police complaint first. Later you can file a criminal case in this regard. Only civil court have right to cancel such deeds.
Querist :
Anonymous
(Querist) 11 November 2010
A representative from Human Rights Dept. told her that since she is a senior citizen ,they can help her in filing the case in High court and get the orders to get the cancellation done.
She is also approaching the police.
But my only doubt is ,since her daughter has already sold off part of the property and registered the same,will my mother-in-law get it back?
Khaleel Ahmed Mohammed
(Expert) 11 November 2010
Yes, once the gift deed cancelled,the other dealings automatically stands cancelled.
