Gift deed.
venkatesh Rao
(Querist) 09 September 2014
This query is : Resolved
Learned experts,
Brother had executed an unregistered gift deed in 1994in respect of his house, which was granted to him by village panchayth. Sister got khata changed in her name and took possession. She has paid kandayam upto 2013.
Now, in the year 2004, brother files suit for injunction against the sister alleging that she is trying to dispossess him. He got his name inserted in panchayat records from 2011-12 and paid tax in 2013-14.
My question is :
1. Whether suit is maintainable?
2.Can the gift deed be cancelled by donor?
Kumar Doab
(Expert) 10 September 2014
One point that comes up to mind is that as per prevailing rules 'Can the property given as award be given away in any manner?'
If NO any deed may be illegal.
In such case who paid tax, features in mutation record etc may not matter...............
Valuable advice of learned experts/members is sought.
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
The above expert has properly answered your query. Besides, the unregistered gift deed is in invalid and any conveyance of property through such unregistered deed is not recognised as valid conveyance. therefore by merely paying the tax, the sister cannot claim the ownership, however, she can try for adverse possession if she proves her possession beyond 12 years, but the suit is maintainable as on the given situation, since the gift deed is not valid, even if it is not cancelled, it is null and void.
Advocate. Arunagiri
(Expert) 15 September 2014
Gift deed is invalid. Not enforceable.
But, the sister is in possession for over 12 years. So, she can claim adverse possession.
Suit is maintainable, but, very weak case for them.
Surrender K Singal
(Expert) 29 September 2014
That is how LCI forum is beneficial for querists
