Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Usmani (Sys. Engg)     09 October 2009

Gift Deed Cancellation

Dear Sir,

 

 

 

My brother has sold me property and it has been registered as gift deed. now my brother has cancelled the gift deed and made it again on his name without my knowledge.

 

Now as per sub-Registrar, in the gift deed my brother has signed (DONOR)  on each and every document but i have (DONEE) signed only on ANNEXURE form with photograph, thumb and sign,

But registrar office has cancelled the giftdeed and made it again on his name (The deed was registered in 2002)

Main points in GIFT SETTLEMENT DEED

 

 

The Donor herein is the OWN BROTHER of the Donee, as such the Donor due to love and affection towards the Donee and the Donor herein have decided to Gift the House beating M.C.H No. 8-1-332/3/A/114(part) admeasuring 100 Sq yards or 83.61 Sq Mtrs. Situated at Arvind Nagar Colony, Shaikpet, Hyderabad – A.P. which is morefully described in the schedule and plan annexed hereto and marked in RED COLOR and the same is herein for the sake of brevity referred to as the schedule property/said property, to the Donee, without any monetary consideration.

 

 

The Donor, now in good health full senses and perfect application of mind, with full rights powers and having absolute authority to grant, conveys and assigns the schedule property in favour of the Donee, herein to have hold, use enjoy and possess the same as absolute owner forever and the Donee herein has also accepted the Gift.

 

 

Now or in future the Donor or any other legal heirs, shall have no more rights, title interest or demand in the schedule property hereby gifted.

 

 

The Donor are the absolute owners and possessor of the Schedule property and as such the Donor are entitled to alienate the Schedule property, by way jof gift, and the Donor hereby transfers the Schedule property in favour of the Donee, TO HAVE AND TO HOLD the same absolutely forever..

 

 

The Donor hereby conveys and transfers all his rights along with all the ownership rights and title to be enjoyed by the Donee absolutely and forever and to hold and enjoy the same in capacity of the absolute owners thereof through this Gift Settlement Deed and with all powers of transfer , viz., alienation, mortgage, hypothecation for the purpose of raising loans etc.

I would like to know whatever has been done is valid and how can i claim it back....

 

 

Regards



Learning

 10 Replies

A V Vishal (Advocate)     09 October 2009

The action of the SRO is illegal and arbitary  and you can file a suit to claim it back.

Usmani (Sys. Engg)     10 October 2009

 Dear Sir

Thanks for the update, pls see attached donor-cancellation documents details.

 

I would like to know how far this is valid/strong and if i file a suit what will be impact and what donor will counter clim...

 

Regards

 


Attached File : 23 donor-cancellation details.doc downloaded: 612 times

Usmani (Sys. Engg)     10 October 2009

Forgot to mention on thing is that the same Witness (Father) has singed at the time of gift deed execution as well as the cancellation...

Is it make any impact on the case?

Regards

 

 

Adinath@Avinash Patil (advocate)     12 October 2009

ONLY REMEDY TO FILE CIVIL SUIT FOR  DECLARATION OF DEED IS ILLEGAL.

ramratan reddy (advocate)     15 September 2010

as per the Transfer of Act  once gift deed is  executed in favour of the donee and same was accepted by the donee   it can't be revoked(sec:123)  unless it is conditional gift.

so The action of the SRO is illegal and arbitary  and you can file a suit to claim it back.

regards,

Ramratan Reddy.K

tatta seshu raghavacharyulu (ship manager)     31 July 2011

Dear Lawyers association of India

Greetings

All are saying that Gift deed can not be cancelled and Sub registrars are doing time and again because of vested interests.

Sub registrar do not have any legal power to cancel the documents and still they are continuing to cancel the documents and the donee has to move to court to prove his credentials for the foul play of registrar /donor.

 

My question is How to stop this subregistrar's activities. Can a suit filed against of sub registrar and punish him for his wrong deeds?

 

If the registered deed do not have any validity then what is the trust of registering the property on their individual names after buying. gift deed.

 

Basically GIFT deed is being executed due to the stamp duty reduction and the elgibility of the blood relations etc., However, if this wrong practice is continued WHO has to control them and this becomes uncontrollable business for the sub registrars to promote more illegal activities.

Appreciate your valued reply

regards

 

 

Hemang (Advocate)     30 May 2013

A gift once made cannot be revoked. If you go through the write up, the property is already convceyed to you by way of gift. He was an absolute owner, and the property is absolute conveyed to you. Under the circumstances, you have a right to file a suit for a declaration to set aside the order of the Registrar of assurance and to claim a declaration against your brother as well based on the gift deed. 

 

thinagar (M.D)     06 June 2013

once given gift cannot be teken back.

Sunil Purohit (service )     10 August 2013

Pls let me know what if wife of younger Bhatija ( Elder Brother’s son)received gift deed and duly registered and document witnessed by my

only son and  elder bhatija ( of same elder brother). My elder brotheris no more in world but my younger brother is alive and having 3 sons

and 1 daughter. I too have 3 daughters and 1 son who witnessed my gift deed executed to wife of younger Bhatija 3 years ago.

The problem arises when my younger brother got to know by ourself orally that i have executed gift deed to wife of younger Bhatija

having witness of my only son and elder bhatija ( of same elder brother). He became angry and told me about my mistake and disagreed

the act since we all have made without taking him  and my 3 sisters (1 dead)  into confidence. Actually the plot was in my name during allotment 30 years ago ( but

money for whole plot was given by my late father, hence it was ancestral as per family but legally the name was mine due to

allotement letter issued to me) and all electricity and water bills were coming in my name. My elder brother widowed wife called me for

ractifying electricity and water bills and by repeated calls I went to their home where she infront of his two son ( in absence of 2

daughters since they never trust them) told me that this plot she wanted to give to her younger son’s wife and my 2nd son has no

objection in it. I asked him the papers but younger son (of whome wife is supposed to be gift donnee)  did not showed me papers and told that

all papers to be signed are with advocate and went to registry office and executed gift deed to wife property.

 

Now we have other ancestral properties where my elder brother’s sons & all family name is appearing which is still not corrected from title

point of view. My younger brother is telling me why I have executed gift deed without my permission and now asking cancelling it since other ancestaral

properties are having elder brother’s family members name. I feel into trouble by being cheated and not properly informed about law. I did it

in good faith but I was unaware about law.The tension increased when I called to my nephew that please give me copy of registered gift deed , my son and I am calling since last 3

years and after 3 years he replied telephonically that I will not give you any copy. I felt my self cheated and in tension from all family ( my own family

and my younger family since our other ancestral property matter is unresolved). What should I do  to cancel this gift deed??

Please help……

Adv Deepak Joshi +917017821512 (Advocate)     13 March 2018

 

Once gift is accepted by the donee then it cannot revoked as per law. As per facts you mentioned I agree with the opinion of other members that you need file a civil suit for declaratory injunction in court of competent jurisdiction.

 

 


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