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Kumar reddy (Employee)     10 December 2018

Gift deed cancelled without donee

Dear sir/madam I would like to askĀ  about revocation of gift deed . My father having 2 Elder brothers and one Elder sister, my grand mother wrote a gift deed of agricultural land to my father in 1991,due to financial problems my father is working in gulf sinceĀ  20 years,my grand mother is staying with us in our home since 25 years, Recently before 1 and half year my father's Elder brother took my grand mother to their house and they changed her mind and they revoked the gift from register office,recently they sent a register post from court on my father name , since my father is in gulf the post man sent registered post back, kindly let us know what we can do now. In the registered gift deed it is clearly written by my grand mother that there is no right to sell or do any thing with the gifted property


Learning

 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 December 2018

Where is the property situated?  consult local senior Advocate who have knowledge in property matters and file suit.

Kumar reddy (Employee)     10 December 2018

Property located in andhra Pradesh sir, to consult advocate our grand mother is in my uncles house.

Dr J C Vashista (Advocate)     11 December 2018

Gift deed executed by your father can not be cancelled by your mother, there is something wrong in your statement.

Besides this, registered gift deed is irrevocable, even your father (executor/ donor) can not get it cancelled unilaterally.

Consult a local prudent lawyer with documents for better appreciation of facts/ document, guidance and proceeding.

Kishor Mehta (CEO)     11 December 2018

A gift deed properly executed stamped and registered can not be cancelled unilaterally.

Siddharth Srivastava (Advocate)     11 December 2018

once a gift is made and the same is duly accepted by the donee then thereafter, the same cannot be cancelled.

Shashi Dhara   11 December 2018

To cancel gift deed strong reason shud be given . Once gift is given it is not so easy to cancel it. She has to approach court & giving strong evidence she can cancel if

SHIRISH PAWAR, 7738990900 (Advocate)     11 December 2018

It seems that case is filed and court has send notice. So if case is filed you have to fight out case. Find out from which court it was send.

Suri.Sravan Kumar (senior)     11 December 2018

consult local Advocate and find out the case details. If you know the case number you can check the status of the case in the courts website.

K.K.Ganguly (Advocate)     11 December 2018

1. Registered gift deed can not be revoked. unless it is a conditional gift deed.

 

2. If the condition based on which the said gift deed has been registered, has not been complied with, then the executor of the gift deed can approach the Court for revoking the said gift deed  for not fulfilling the condition.

 

3. You have mentioned  in your post "In the registered gift deed it is clearly written by my grand mother that there is no right to sell or do any thing with the gifted property. If thyat be the case, then it appears that it was a conditional gift deed registered by your grandmother and not a clear gift by which title of the gifted property is conveyed in favour of the donee.

 

BAALASUBRAMANNYAMM (Advocate)     12 December 2018

Here you have to do the 3  things. (1) Get an Encumbrance Certificate from your Sub-registrar's office in whose jurisdiction, the property is  situatued. (2) What is the contents of the registered post, sent by court. (3)It seems that a case has been istituted against you in the court.  So You can enquire from the court, about the court case details. Then only you will come to a decision. 

BAALASUBRAMANNYAMM (Advocate)     12 December 2018

Here you have to do the 3 things. (1) Get an Encumbrance Certificate from your Sub-registrar's office in whose jurisdiction, the property is situatued. (2) What is the contents of the registered post, sent by court. (3)It seems that a case has been istituted against you in the court. So You can enquire from the court, about the court case details. Then only you will come to a decision. 


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