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Kumari   20 December 2017

Revocation of gift deed and sale of the property

Hello,
My father bought a Semi-commercial property of 500 Sq Yds in 1983 on my mother's name. My mother did Gift Deed of 70 Sq Yds to my younger sister in 2004 and Gift Deed of 70 Sq Yds to me in 2007. And both these Gift Deeds were fully executed before subregister and fully registered.
In 2008 my mother and father decided to sell the whole property because my father had some financial commitments. During that period my father was not feeling well he was on the death bed suffering from cancer and my mother was mentally not fit considering my father's health. They decided to sell the whole property and entered into an agreement on 28/5/2008 mentioning my mother would get GPA from me and do the half property(which included my 70 Sq Yds) registration by paying half of the amount by 30/6/2008 and remaining half property registration would be done by 30/9/2008 by paying the rest of the amount. Unfortunately, my father died on 28/6/2008. For the first half part of the property my mother didn't take any consent from me nor GPA from me. She just did REVOCATION of GIFT DEED of my part of the property on 26/07/2008 UNILATERALLY. With that mental condition, my mother was FORCED to do registration of first half and registration was done on 6/8/2008.       
After all, that my father died and no other financial support for my mother and no other place for her to live and mainly they didn't turn out within the specified time as they mentioned in the agreement - she decided not to sell the property. But the buyers filed a petition on my mother for the registration of the remaining half property. So, my mother decided to fight for the cancellation of the First Half property registration and cancellation of the agreement on the whole. Both these cases were filed around 8/2008 (the first buyer filed petition then my mother filed another). Since then half of the property is in his possession. 
In 2013 I filed a suit against my mother, including the buyers of the property questioning the revocation of gift deed. So, all these cases were running parallel to date. No verdict has given any of these cases so far.
My Questions:
1. What verdict can we expect in my mother's petition to cancel the agreement fully considering that registration was done after my father passes away and her mental condition was not good? And they missed all the timelines/dates mentioned in the agreement.
2. What verdict can expect in the Buyer's filed petition to do the registration of the remaining half property? If he wins the case, my mother can't do the registration of the second half of the property fully as this includes 70 Sq Yds of my sister's property gifted by my mother(considering if she denies to sell it)
3. I filed a suit against my mother in 2013 questioning the Revocation of Gift Deed - what verdict we can expect considering the sale was done in 2008 and suit was filed little late. If I win the suit, would the Buyer need to hand over my 70 Sq Yds of property?



Learning

 2 Replies

Kumar Doab (FIN)     20 December 2017

The qurey is lengthy and you need to make it clear.

Total property is 500 sq yds.

Out of which by gift deed two plots of 70 sq yds each=140sq yds  are disposed and thus remaining should be 360sq yds.

While the gift deed was registered you and your sister were major or minor?

Now the agreement to sell was for how much of land ; total 500 sq yds or 1 plot of 70 sq yds or both of 2 plots of 70 sq yds each.

Apparently both plots of 70 sq yds each are involved that is why you are questioning the revocation of gift deed.

The registration means what; registration of agreement to sell or sale deed?

And of which plot total 500 sq yds or 1 plot of 70 sq yds or both of 2 plots of 70 sq yds each?

And during such registeration you and your sister were major or minor?

And did you or your sister sign GPA and register IT?

Kumar Doab (FIN)     20 December 2017

 

Generically speaking; Gift deed can be cancelled or revoked as termed by you with explicit consent of both donor and donee…………which as per your post has not happened.

Thus the revocation may be invalid.

Believing that NO GPA in favor of mother was also signed and registered; In that case your mother was neither owner nor had any power to agree to sell/or sell any of the plots of  70sq yds.

Then how could she register the sale deed if any sale deed was registered.

She did not have any power or authority to sign agreement to sell also.


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