Prabhakar Reddy 12 June 2020
P. Venu (Advocate) 13 June 2020
This is your second posting. Moreover, the facts posted are disjointed.
Dr J C Vashista (Advocate) 13 June 2020
Originally posted by : Prabhakar Reddy | ||
My mother received a property from her husband through a gift deed, The same was in her name for some 7 years. Later even though the gift deed was in existence my father sold a part of 1500 to party A. My mother and we 3 children have done signatures on the sale deed. At a further later point my father’s sisters did a trick as we went to them asking for my dad’s medical expenses, they asked us to sell some portion of the property and we agreed to it. We went to sub registrar and signed all the papers, after signing and coming home we came to know they have cheated us. They cancelled the gift deed which was in my mother’s name and got the sale deeds done from my fathers’ side and my mother and we children have also signed on the same deeds. My questions: Can the gift deed be cancelled is there law as such to cancel ? What can we do on the property sold to party A when even though the gift deed was in existence? Do we have any chance to file on this? |
As stated by you the Gift deed is in vogue and some other person (your father).has no right, claim, interest or title to sell part of the property acquired by your mother.
After acceptance of gift (which was stated to be 7 years before) it can not be revoked by donor (then) presently he .has no right, claim, interest or title in the property gifted to his wife.
Prima facie it is a hypothetical and fabricated story.
Prabhakar Reddy 13 June 2020
Hi Sir,
This is a true incidence which happen and this is a not a fabricated story.
My father was ill suffering from cancer and we wanted urgent money and my father sisters did this fault action.
On the same day the gift deed was cancelled and sale deeds were executed-they cheated us-
They gave a set of papers to sign and we first wifes 3 kids signed as well.
Please have the below actions for still clarity
Gift deed registration in my mothers name from my father-24-06-2002- IN TOTAL 10000 SQ FEET
Sale deed before gift deed cancellation to party A 26-04-2004--- 1000 SQ FEET
Gift deed cancellation from my father on date 07-10-2004
Sale deeds execution on the same date to party B & C 07-10-2004-----6000 SQ FEET
Gift deed execution in second wife 2 children for 2000 SQ FEET each on date 10-01-2005
After couple some days we realised this and again my father finally did a will in my mothers name on date 03-05-2006 for 2000 SQ FEET.
My father expired in the year 2006
Please advice can we revoke the cancelled gift deed from my father and can we get the power to it,
Will the further deeds after cancellation be treated as invalid if the gift deed claims power.