reversal of gift deed
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
Hi all!
pls advice me on following matter...
a person [DONOR] has made registered gift deed in favour of his step-brother[DONEE]at mumbai. Donor is still staying in property and never given physical ownership to donee. Also, share transfer has not been done by donee. Step-brother[donee]is now expired and his heirs are denying to accept ownership of gifted property.
NOW QUESTION IS:
HOW TO REVERSE REGISTERED GIFT DEED??
some suggested me to prepare cancellation deed between heirs of donee in favour of donor again.
PLS ADVICE WHETHER CANCELLATION CAN BE DONE AND WHAT WOULD BE STAMP DUTY APPLICABLE>>
Khaleel Ahmed Mohammed
(Expert) 12 October 2010
As per the stated facts that the donor has executed the registered deed infavor of the donee. It was the perfect gift under law. The question of physical pocession has been delivered or not does not arise. The heirs of the donee is the successors and owners of the said property, if they refuse to accept the property. The donor wanted to take back the property, the heirs of the deceased donee should execute Registered gift deed infavor of the donor.
M/s. Y-not legal services
(Expert) 12 October 2010
I think, already this gift deed is not a valid gift. Becaused gift mean its should be without condition and consideration. Also to be delivered the possessionship on the same day. But here possession not hand overd. More over gift once given mean always its can't be revoke.
s.subramanian
(Expert) 12 October 2010
I agree with Mr.Khaleel. I would like to add that the heirs are free to execute even a sale deed in favour of the donor.
Kirti Kar Tripathi
(Expert) 12 October 2010
Tom is correct, without delivery of possession, gift is not completed under the law.
Querist :
Anonymous
(Querist) 13 October 2010
Thanks all of you all... :D
there is another twist, donor has not disclosed that gift deed was registered through a his WIFE through Special of Power of attorney given to her. On review, I found that it restricts Attorney rights to manage property and no other rights were given by donor to his wife.
further, donor has already addressed letter to Registrar for
1] questioning validity of Gift deed as power of attorney does not confer such rights to Attorney, hence cancel gift deed.
and
2] refund registration fees & stamp duty paid on the gift deed.
pls advice in light of those facts which are opened now.
