Revokation of Conditional Gift-Deed
Raj Kumar Makkad
(Querist) 05 January 2011
This query is : Resolved
Dear Friends!
One person gifted his agricultural land in favour of a trust with condition in the Gift-Deed that the trust shall build an educational institution over the gifted land within a stipulated time failing which this gift-deed can be got revoked.
Trust failed to raise construction of educational institution over the gifted land and moreover passed a resolution to the effect that it is not in a position to utilise the gifted land and the gift-deed should be got revoked and mutation sanctioned in its favour be also got canceled. Now both parties want to get the gift revoked and mutation reversed.
My query is:
Whether revokation of gift be done through registrar? if so what shall be the consequence of stamp duty?
or
It be done through Suit for declaration? If so who should be plaintiff either trust or donor?
Y V Vishweshwar Rao
(Expert) 06 January 2011
1- Both parties /Donor and Donee - can execute and Register the Cancellation of Gift Deed -with Same SRO and file application for mutation
2- The Donor can file suit for cancellation of Gift Deed and after the Decree can apply for correction of mutation entries - the Donee can accept /Admit the same in their Written Statement and Decree can be passed accordingly
3-The Civil Court Decree is better - as the Donee-Trust admitted non compliance of Gift Conditions & Donor Condition (desire) is not fulfilled
Raj Kumar Makkad
(Querist) 06 January 2011
Thanx Vishweshwar Rao ji. You have given a clear path to move forward. I was double minded.
Amit Minocha
(Expert) 06 January 2011
Approach the Civil Court seeking a Declaration / Decree of Cancellation and treatment as Null and Void and also make the Registering authority also a party to it seeking relief of change in mutation records as well.
