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sathyanrayana J (sse)     15 September 2011

Cancellation of gift deed by donar

Dear sir,

 In 2009 August my mother made a gift registration (6 Akers of Agri land and 250 sq. yards house)   to my sister. In 6 Akers land 4.5 akers are on my mother's name  and 1.5 akers are not on my mother's name. 250 sq.yards house on my Grand mother's(father's mother) name. My father is expired in 1995.

In 2010 November she had cancelled the gift deed in registration office.

In that cancellation my mother stated that without my knowledge (with some fraud) they did that deed.

Also stated that they have registered the property where I don't have any right.

In 2011 March my mother filed a cancellation suite on my sister and explained how they did the fraud during registration and what the properties not having right? Also mentioned that cancellation did in register office is not legal and in some unavoidable circumstances I have cancelled the gift deed.  

They have not taken the position in any of the property till now. Those are in our position only.

Please let me know possibility of cancelling the Gift deed given to my sister. Because we have filed the case after very long time.   

 

Thanks

satyanarayana J



Learning

 4 Replies

ajay sethi (lawyer)     15 September 2011

4.5 acres of land is validly gifted by your mother to your sister . once a gift is made and posession is handed over your mother cannot cancel the gift deed . if your mother wanted to cancel  the gift deed she should have moved the court .  in respect of other land and house which was not in your mother name how can  she gift some property which doees not belong to her . ?consult a local lawyer .


(Guest)

No chance. Gift becomes absolute.

KRISHNA KUMAR P (SPECIALIST IN FIRE & SAFETY)     22 September 2011

Donor can cancel gift dead without intimation to donee is acceptable or not? It is illegal or not?   


(Guest)

Dear Krishna Kumar,

 

Gift deed cannot be cancelled without mutual consent and without signing of the cansellation deed by both the doner and the donee. Any cancellation deed made without any consent of the donee will be quite illegal.


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