Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lakshmi Veer (electrician)     28 April 2011

GIFT DEED SETTLEMENT

Hi,this is diwakar and i am at age 25 now.In the year 2006 my father has purchased a property(shop)which my father doing business for 32 years till today.My father registered the property in the name of mine in 2006.Recently in 2010 my aunty(my father own younger sister) has asked they want loan for house construction and they have no money if i can register the shop in the form of gift deed in the name of her.Due to innosense of me without knowing to parents i registered a gift deed to her without taking any money.In the gift deed also she wrote like this \\\'I(diwakar) am giving the gift with love and affection only and not accepting anything from her\\\' like this the registration has done.Recently 1 month back she put the property for sale without intimation of me and to my father.When i go to ask her she is refusing me.Immediately within two days i cancelled the gift deed and change it back to my name.She put a case on me in the court how we can cancel the registration once registered and she also put a interim injuction on me and i also put a petition on her.
Please suggest me to go further
1.I am asking we can cancelled the giftdeed once registered.
2.Is there any chance she return back my property because there is no other property to our family.
3.please suggest there is any rule regarding a gift can give by elder people to younger on and not younger one to elder.please kindly help me so far

 



Learning

 3 Replies

Abu Thalha (Law)     28 April 2011

A gift., as far as I understand should comprise three things:

1.  Offer or declaration by the donor

2. Acceptance of the gift by the Donee

3. Actual delivery of possession.

 

In this case you have two things done.  Offer and acceptance completed.

You have not mentioned the delivery was done.

 

Please tell in whose name the property tax assessment stands.  Whether she has transferred the assessment in her name etc?

Lakshmi Veer (electrician)     28 March 2018

I cancelled the gift deed and registered back in name of my father. Property Tax & Power bill assessments stands in name of my father. She didnot transfer anything in name of her. Me and my father are in possession. But the judgement came recently in favour of her without any notice to us. Please tell the further step what  we have to do.

KISHAN DUTT KALASKAR (Advocate)     29 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register