Upgrad LLM

gift deed


Hi all ! My father's younger brother adopted me in the year 1991 as he doesn't have male child ( he has two female child ) and am 10 years old at that time. The adoption deed is made between our family members and it is not registered. In 2005, my adopted father executed a gift deed of some land and building property in favour of me and the unconditional deed is registered. Am in possession with the gifted property. Unfortunately I didn't change any of the revenue records such as Wealth tax, Patta etc., The only evidence for my acceptance is a compensation cheque from central government to me during land acquisition from the gifted property for national highways extension. In the year 2014 my adopted father cancelled the gift deed saying that am not looking after him properly. After one year he made a gift deed the same property to his wife. After that my lawyer made writ petition in high court and cleverly got an status quo order. Recently my adopted mother died. 1. Now I want to what will be the procedure n characteristics of this case ??? 2. Will it favour me ??? 3. What will happen if either me or my adopted father dies during the case is pending in the court ??? 4. How long it will take ??? 5. What are all the possibilities if the verdict ???
 
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CEO

I hope you'd kindly give me another chance to modify my answer .A registered gift deed once made normaolly  cannot be revoked or canceleld by the donor during hi slife time  unless it i s a conditional gift deed. or there being a clause of revocation by the donor In case condition  of looking his uncle is not satisfied the donor uncle can cancel the gift deed and gift away the prperty to whomsoeve r he likes  he feels genuinely looks after him.If in the gift deed such  a clause( regarding revocatiobn o fgift at the will o fdonor) or condition  is not there you can continue to enjoy the property that was originally gifted to you.

 
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Lawyer, Scholar

Very clever! Just a query though: if the property was subject matter of acquisition and compensation paid, what remained to gift? And how did your uber clever lawyer managed a Writ Petition against a gift of a private property?

 
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Retired employee.

The presumption is a part might have been acquired for National High way extension.  But without mutation in revenue/municipal records how the compensation was paid to the queriest is also a question, enjoyment of profits and the issue is not as simple as it appears as gift deed appears to be executed in consideration of adoption, and performing religious rites, maintenance, sharing of profits, etc. may be some controversial issues.  In case of death of the parties the legal heirs of that party to continue in litigation.  How many years the litigation takes can not be stated in certain terms.  As entire facts are known and your advocate knows the facts and law, he may be in a position to predict outcome, but not strangers like members in the forum, with piece meal, scattered facts.

 
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FIN

The registered valid gift deed can be cancelled with consent of both donor and donee.

The valid gift deed confers the tile on donee.

You have taken the possession of gifted property so the gift was complete.

The court alone can revoke the gift deed.

The adoption deed exits and so should be the evidence of adoption i.e. giving and taking of child.

The adopter father can claim maintenance from adopted son, like he can claim from natural/biological son.

The matter is in court and you are having your own counsel.

The HC has passes a Status Quo Order, as posted by you.

Your own counsel that has examined all case related docs and is handling the matter can advise you further. Your own counsel is aware what was the plea in petition.

 

Ask your own counsel if you can/may (or not) submit the registered gift deed to authorities under whose jurisdiction property falls, to transfer the title in your name and any other authority that matters e.g; property tax, electricity connection etc…………………..

 

In any case the national highway Authority has its revenue officials that examine and check the title and ownership,encumbrance etc  before making payment of compensation.

 

 


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FIN

After valid adoption the relationship is same as that of with natural/biological parents.

 

Rest are facts and details of your matter that you may relate.

Hindu Adoption and Maintenance Act 1956



Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.



Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.



Section 13 : that subject to any ante-adoption agreement, the adoptive parents do not lose their right of alienation of their property after adoption.



Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can the adopted child renounce the adoptive parents and go back to the family of his birth.

 

 
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FIN

There are expectations of Parents from sons and daughters.

Be it adopted or natural/biological.

Your father has gifted you his estate also, in addition to raising you.

It is better to sit and remove the misunderstandings and heartburn and restore the love and affection.

 

This shall be the easiest,quickest, and without any cost, remedy!

 

Like your adopter father, you shall also be seeing sunset years, in your life.

 

Litigation may not have any end and can become protracted and stressful.

 
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CEO

I' hope you'd give me anothe rchance tio modify my earlier answer. Aregistered gift deed i sis valid once made and cannotg be revoked unless it i sa conditional one.If condition  is not satisfied it can be cancelled and it haqppens during the life time o fdonor and donee. donor can can revoke an dcancewl, th3e  gift deed.

 
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Proprietor

You have posted an Unconditional gift deed was registered in his favour, so there is no question of revocation of such deed unless necessitated by operation of law.

You have stated that you are in receipt of compensation from NH authorities on the acquisition of land, it is obvious in such a situation that you enjoyed proper title at the time of such acquisition as because Govt. engages Revenue officials to settle such issues in case of acquisition of land in public interest.It is presumed that a parcel of the property acquired through Gift has been acquired and you remained the lawful owner of the balance portion.

As regards the continuance of the sub-judice matter in case of death of any of the parties, their Legal heirs will be substituted and can pursue the matter to its finality.


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Thanks a lot to all for ur concerned reply ... ! The writ petition is against the sub registrar that how could he / she cancel the unconditional registered gift deed unilaterally. The second n third respondents are my adopted father n adopted mother. My biological father had given some land to his younger brother when he was in debt. In return to that he gifted some of his property unconditionally in my name and that too got registered. Now my adopted father's in laws relations are playing game along with my adopted father n trying to cheat us. Even though the revenue records&patta has not been changed to my name, the only proof of my acceptance is the compensation made by central government during the acquisition of land for National highways ( only some portion ). All our relations warned my adopted father not to do such activities. But he is not concerned about us. Is it possible for me to win this case ???
 
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