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Cancellation of gift deed

(Querist) 08 November 2013 This query is : Resolved 
Donor(Hindu) had signed the gift deed without reading it, and got it registered. Donor haven't given the possession to donee, Donee is married hindu and not staying with donor. As per the Gift deed act - When the possession is not given, the gift is incomplete and can be cancelled. Donee has taken the advantage to the old age and and Donor's mind was not with the signature when gift deed was signed nor Donor was knowing the consequence of gift deed, Donor has no other house.
Venkateshbabui (Querist) 08 November 2013
Donee had sent the police to throw the donor out of house.
Rajendra K Goyal (Expert) 08 November 2013
Contact a local lawyer and show him all the documents.
Sudhir Kumar, Advocate (Expert) 08 November 2013
if the property stands gifted to her it will be difficult to get revocation merely if she is a hindu married daughter.

Prima -facie law is not on your side.

The only hope can lie in getting the gift deed declared as void due to lack of procedure and that your sister is not opposing your plaint.
Raj Kumar Makkad (Expert) 09 November 2013
If the possession has not transferred in favour of the donee and registration has also not taken place as per law of land then such gift is certainly incomplete and can be got cancelled even by donor.

The share of your father cannot be gifted by your mother.


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