Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lakshmi Veer (electrician)     29 April 2011

CANCELLATION OF GIFT DEED

Property Type:  Shop site in  Andra Pradesh

Donor was Absolute Ownership of shop

 

Property Donor:   son-in-law to Donee(Donee own elder brother second son) 

Property Donee:   Aunty to Donor(Donor Father own younger sister)

Property Registered as:  GIFT DEED (Unconditional gift deed) in 2010

 

Donor father has managing the business in that shop since 32 years till today.

 

For Donor and Donor father there is no property except the shop .Donor father has purchased the shop in the name of Donor due to centiment 4 years back.

 

Donee want loan for house construction and she have less money to construct and he managed with donor.Due to innosense of donor he registered a gift deed in name of  Donee 10 months back without the notice of his parents .Donee constructed his house and its value about 75 lakhs todays rate.She didnot take loan with the gift deed.

 

Donee put the shop room for sale and it get noticed to Donor.When donor asked about the sale of shop the Donee refused at Donor.

 

There is no way to Donor and Donor decided to cancel the gift deed.Donor Cancelled the gift deed and change it back it to Donor name.

 

The Donee know this cancellation and put a petition on Donor and Donor Father.

1.Donee has claimed that once registered property cannot be revoked and Donor had tell they will vacate the shop within 1 year.

 

Donor is in possession till now and doing the business

 

Donee applied for interim injunction

 

Donor has registered the gift deed as the donor is giving the property with love and affection and Donor is not accepting any thing for the gift.

 

In the Tax-assesment bill is getting with name of previous owner which has purchased by Donor.

 

In The Tax-assessment bill the names are not with Donor and donee.

 ------------------------------------------------------------------------------------------------

 Part B

Donor executed revocation deed on 2011 by revoking earlier registered gift deed

Dt. 2010 executed by him in favor of the Donne without consent of Donne.

 

 

In revocation deed, reason Donor stated that, I (donor) executed gift deed to myaunty (Donne) on 2010, since done a fraud I (donor) am worried about my future, that’s Y canceling gift deed dt 2011

 

Donne file a Suite 2011To declare right and title of Donne over suite and injunction orders

 

Counter filed by Donor

Submits that donor never gifted the petition schedule property to the Donne

Position is with him only,

When the donor has didnot inform to parents and Donor is unmarried and he having elder brother.Donne and her men played fraud upon donor and obtained the gift deed on 2010.Donor wanted to sell his property in 2011, Donne raised objection then Donor come to know the details and aware

So Donor executed these actions

 



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register