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sowmya (na)     17 January 2013

Suit against gift deed cancellation:please help

Hi all,


I require your expertise advice on a property issue we are facing right now.

My father accquired our house ( we r residing in ) in Jun 2000 from his elder brother through a registered gift deed which is unconditional. Then, on 28th Aug 2007, the Donor revoked the gift deed mentioning that my father is not taking care of him so he is cacelling the deed.But such condition was not mentioned in the gift deed.And he has done this revocation without the consent of my father (donnee). And on the same day , he  has issued another gift deed on our house to his daughters. And they got both the deeds registred( i wonder by wat means ). The title  of the house has been changed to their name in EC also. But we have the original documents of the house and property tax on our father's name too.  Unfortunately , we lost our father 2 years ago. And the donor ( his brother) is no more too ( 2 weeks ago ). 

Can we fight for the title of the house?? How strong is our stance because either of the evidences are no more.

Now we are worried  that they might sale the property. Do they have the rights to sale??


Can we approach any one in the register office about the registration which has been done with invalid revocation??

Please help us out.

 

Thanks and Regards,

Sowmya,

Hyderabad



Learning

 6 Replies

Advocate M.Bhadra   17 January 2013

Generally gift deed once executed can not be revoke(sec.122 T.P.Act) .Only Court can cancel the Deed of Gift on an application by the Donor after adjudication,mere  cancellation fo Gift Deed in Sub Registrar is not valid.so,you can file a suit of Decalration and Injunction in Civil Court and hold possession.

1 Like

SRIBHASHYAM MURALIDHAR (Advocate)     17 January 2013

you have to file suit before the court for cancellation of said revocation deed. Unless until donor and donee appear before the Registering Authority, for cancellation of Gift Deed, the said Regi.Authority has no power to revoke the same. It is better to approach court.

1 Like

sowmya (na)     17 January 2013

Thank you for the replies... We approached a lawyer and have been told that as neither the donee nor the donor are alive as evidence.. our stance is weak in this case. Our first priority now is to stop the sale of the house as it might be a huge problem if any third party enters..

SRIBHASHYAM MURALIDHAR (Advocate)     17 January 2013

Being a legal heirs of your father, you have every right to file a suit against them.

1 Like

Akshay Sahni (Founder/Partner)     18 January 2013

Dear Sir,

We would be able to help you through, as you have a positive case. 

For any further queries please visit www.indialawhelp.com

We have offices in Delhi, Mumbai, Pune, Allahabad, Dhanbaad, Hyderabad, Kolkata

Regards

Akshay Sahni

Advocate

09891982832

sowmya (na)     21 January 2013

Another question dear experts..

How long is it gonna take to get an injunction to put a hold on any transactions of our property once we file ?? Because we have doubt that the other party is already in the process of selling the property to those who are ready to buy such litigated properties..So time is the matter to us... And if the injunction is delayed , in the meantime are there any chances for them to sell the property? KIndly suggest....


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