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Seeking advise on a registration matter

(Querist) 18 December 2011 This query is : Resolved 
Dear Sir,

My sister got married in 2005. My mother has made gift Registration of a land of 400 sq. yards on the name of my sister at the time of marriage and has given the Registration documents to my brother-in-law. Later, due to some disturbances, my brother-in-law left my sister at my mother and did not turn up for almost one year but retained the Land documents with him.

We asked him to handover the land documents but he did not. So, my mother cancelled the land registration in 2007 with the acceptance of my sister as property is still on my sister's name. My brother-in-law does not aware about this. After a lapse of 6 months time, my brother-in-law realised his mistake and taken my sister with him and now they are living together.

So, my mother want to handover the land property to my brother-in-law again. If we tell about the cancellation of Registration to my brother-in-law now, it may lead to further problems. Hence, you are requested to clarify us whether there is any provision to cancell the above Cancellation document (done in 2007) and utilise the Original Registration documents (of 2005) retained by my brother-in-law (or) we have to go for fresh Registration of Land ?

Hoping for an early reply,

Yours' sincerely,
Venkat Diwakar
prabhakar singh (Expert) 18 December 2011
Even if the original deed of gift was in custody of your brother in law,the gift being in favor of your sister did not call for any cancellation activity.

If subsequently the gift has been cancelled in 2007 by your mother unilaterally,then it has no effect of cancellation.

But in case the cancellation is bilateral between your mother and sister then it may create some problem but exact problem can not be ascertained without perusal of the two deeds.

However a cure may done by filling a suit to cancel the subsequent deed made in 2007[but only when it is bilateral]by your sister against your mother in which a compromise can be entered into between the two confirming the deed of 2005 as correct one.
Raj Kumar Makkad (Expert) 19 December 2011
Gift once made cannot be got cancelled even if both donor and donee are agree and get execution/registration of cancellation deed because gift once made is for all. You sister would have made further gift in favour of your mother but cancellation has no effect over her title which has come in her favour on the same time she accepted the gift. Cancellation deed has no impact and the original gift is intact so there is no need to disturb the ongoing position.
Guest (Expert) 19 December 2011
Agree with experts.
Shailesh Kr. Shah (Expert) 20 December 2011
I also agree with views of Both experts.


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