satish (self employed) 31 January 2011

Revocated Gift deed - Without consent of Donne

Property Type: Agriculture Land in Andra Pradesh

Property Registered as: GIFT DEED (Unconditional Gift Deed) Dated 29-12-2005

Property Donor: Uncle to Donee

Property Donee: Daughter- in- Law to Donor

Donor was Absolute Ownership of Agriculture Land,

Donor got it as his rightful share in division of his father properties

Donee father has managing her lands since gifted to her on 29-12-2005

Donee has obtained land records passbooks from Revenue authorities

Availed Agriculture Crop Lone form SBI since 2007 feb

Donor executed revocation deed on11-09-2010 by revoking earlier registered gift deed

Dt. 29-12-2005 executed by him in favor of the Donne without consent of Donne.

Same day on 11-09-2010 he executed sale deed in favor of his son-in-law

In revocation deed, reason Donor stated that, I (donor) executed gift deed to my brother daughter (Donne) on 28-12-2005, since then she is not look raftering well and disobeying

I (donor) am worried about my future, that’s Y canceling gift deed dt 29-12-2005

Donne file a Suite under order 7 with section 26 of c.p.c on 10-11-2010

To 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 was in fully drunken condition Donne and her men played fraud upon donor and obtained the gift deed on 29-12-2005

Doner wanted to sell his property in 2010 oct, Donne raised objection then Donor come to know the details and awaken, So Donor executed these actions

Claiming that land records and loans are taken without his knowledge

Interim injunction ordered in favor of Donne

My question is

a) How is the position of Donne in Suite

b) Donor has made allegations in revocation deed and in counter failed are no ware related or different, will they be considered

c) How to move forward the Suite for Justice

Sir Please help to get justice

Reply Follow

5 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 01 February 2011

There cannot be an unilateral revocation of the gift deed.

In your case the gift is not conditional. Hence the revocation deed is not valid.

You need not even go to a court of law. It is for the donor to get the deed declared as invalid in a court of law. You are safe.No worry at all

1 Like

satish (self employed) 01 February 2011

Sir

Donor has failed counter

Donor Stating that he has not executed the gift deed, when he was in fully drunken condition, and not aware about the Gift deed, fraudly executed dated 29-12-2005, come to know only after 5 years

And in revocation deed (dated 11-10-2010)

Donor stating that, he has executed gift deed but becouse Donee is not lookaftering well, abusing and disobeying Donor, he is worried about future, that’s Y canceling gift deed dt 29-12-2005

Will this statements by Donor considered favor to Donor

Sir, is there any time period for Donor to revoke or cancle a Unconditional Gift Deed

Abhishek Marvi (ADVOCATE) 01 February 2011

as per t.p.act gift deed is must be registered at concern sub regisrer office than it is valid

if not registered than not valid, when donor came to know cheat with me than in this day to 20 years donor can file suit,but burdan of proff to donor prove this deed is in valid

satyajit (Law Officer) 01 February 2011

Dont worry you are absolutely safe. The statement made in Revocation deed help you as a circumstancial evidence to clear the intention of the Donor

R.venkatesh Naidu (.) 03 February 2011

Under Section 126 of t.p.act. Susupension and recovocation of aGift:

On the happeinng of any speicified event, which does not depend on the Will of the doner, the donee may agree to suspend or revockes a gift. A gift may be revoked in any canse, in which if it were a contract, it might be rescinded.

REVOCATION OF GIFT;

1. The parties may agree among themselves that athe gift shall be suspended or revoked on the happening of any spcefied event.

2. Reasonable grounds alike coercion, influence, fraud, misrepresentation or mutual mistatkes are are valid for revocation of a gift. Th burden of proof is goes to the doner. so you dont worry. if he proves it , i am so sorroy.