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KUMAR (CA)     04 July 2013

Gift deed cancellation procedure and rights

Hi 

I am Kumar living in bangalore , my native palce is yemmiganur, in 2012 march my mother gifted property and it was registered, again after nine months my giftdeed was canceled with out my knowledge and gifted to my sister . I would like to know is this valid registration . when I spoke to registrar he said gift deed can be cancled without  giving any notice hance my registration is not valid. one more thing I would like to bring to your notice that my mother got expired two months back ( April 30th 2013).

 

please advice , how can i proceed further.



 11 Replies

Advocate Sastry (Advocate)     04 July 2013

Gift deed cannot be cancelled without consent of donee.

prakharved (Medical officer)     04 July 2013

@kumar

 

Who cancelled the gift deed to and gifted the property to your sister? Was it done with the consent of your mother. Was there any ongoing legal problems with the property involved? What was the reason given to you for cancelling the registration.

 

By the way, a gift deed, according to the indian law can only be done for property that has been in possession of the owner for over 30 years, was this so? Was a gift deed executed?

 

Regards

Navjot Kumar (Lawyer)     04 July 2013

Donee can cancel the gift deed by way of a document deed of cancellation  before sub registrar or can donee can file a suit for cancellatio of gift deed befoe civil judge, on ground that gift made by him undere presure 

K.K.Ganguly (Advocate)     05 July 2013

1. Gift Deed can not be cancelled unless it is a conditional Gift,

2. Challenge the said so called cancellation of Gift Deed in your favour & further registration of the Gift Deed of the same property in favour of your sister.

karthik (student)     29 October 2013

My grand father made a gift deed on my name for his self acquired property and we legally registered it. but when i applied for khata tranfer in taluk office my grand father's elder son filed a complaint to stop the khata tranfer in taluk office & claims a share for him. And even after one & half years still the case is left pending in taluk office,they not even started the case. Please kindly suggest a way to solve this problem soon. My grand father is still alive and it is his self acquired property.

AMIT KUMAR SHARMA (Deputy Manager)     13 November 2013

I have a unique case here. My maternal Grand mother ( Granny) was mother of 6 children. One son and 5 daughters. One of them was late mother. Now, last month my Granny passed away leaving all the wealth in the name of my youngest maternal aunt ( Maasi) via gift deed. Four daughters including my late mother and one son are not given their due share. My question is how this gift deed can be cancelled by pursuing civil suit of declaration or any other Indian law. We also want that possession of the house should remain with the son and aunt should not be able to sell this property. 

K.K.Ganguly (Advocate)     13 November 2013

1. If the Gift Deed has been executed legally by the bonafied owner of the property then why should it be cancelled?

2. Your Granny was the legitimate owner of the property & she has gifted the same to her chosen daughter & no body can legally claim the said property & demand that 'We want possession of the house should remain with the son'. 

3. It was your Granny's house & it was only she who was to decide with whom the possession of the house will remain,

4. However, gift deed needs to be registered & if the same is not registered then it has no value & you all can demand partition of the house,

5. If the said Gift Deed has been registered then your youngest maternal Aunt is the Title Holder of the house legally.

 

1 Like

chandrasekar (student)     21 April 2014

my grandfather made a gift deed ( donate a land, which was acquired by way of ancestral) on 27.03.22002 to an educational trust  for the purpose of build up an educational institutions. Still now the trust did not carry out any educational activities on the said land. Now is it possible to recover the property from the trust???

My father and aunty are the two legal heirs of my grandfather. They did not sign the gift deed.

 

pls inform the procedure to do so...

chandrasekar (student)     21 April 2014

dear sir

I WOULD LIKE TO KNOW WHETHER THE COURT ORDER NEEDED TO SALE THE TRUST (PUBLIC) PROPERTY. IF YES, TELL ME THE PROCEDURE..

HOW LONG IT WILL TAKE TO GET THE COURT ORDER

 

Osborn (Executive)     07 July 2014

Everything is possible with registration dept. As per Law unconditional gift deed cannot be cancelled. Still unconditional Gifts are getting cancelled with out knowing what is what.... If you want you property to be clear (encumbrance certificate) you have to fight it out. Go put a tent and stay there, let the opponent party come through court. 

devendra   08 April 2017

Hi ,

My uncle(my father's younger brother) is giving me a land through gift deed. 

Through the gift deed, in future is there any litications will araise by his son's or grandsons.

The property is not heir and soley earned by my uncle.

Can you please suggest.

 

Regards,

Devendra Pennam.


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