HUF Property

Show all docs on record to a very able counsel specializing in such/property/civil matters.

It is believed that G and all are Hindu.

Confirm!

If POA is valid then agent can act within rights defined in POA. Both Principle and agent must have appeared before Registering authority.

 

Gift deed can be cancelled with explicit consent of donor and donee. Both donor and donee must have appeared before Registering authority.

In your case Registering authority has just registered cancellation of gift.

Court alone can revoke the gift deed.

 

 

 

 

@kumar Doab : thanks but actually S2 have smartly cheated E S1 S3 and got registered sign . so what can be done. by document writer we have cancelled the gift deed. since tax corporation recipt are all in name of G

Both Principle/donor and agent/donee must have appeared before Registering authority.

On what grounds now you conclude the averments!

 

Averments are to be established in court to the satisfaction of court to revoke the gift .

 

 

thats what asking . how to reply for the notice

Approach a very able counsel with full case record and provide your inputs.

Your own counsel based on record and inputs shall draft the reply to legal notice.

Avoid remaining silent.

Dear E S Nishanth,

You have stated that only the proeprty is HUF property, but it is not clearly said whether the property is still joint in nature or nuclear. If there is a partition among the brothers and sisters of E, then the subject property becomes a self acquired property of E and rightly or wrongly you have made mistake in executing a POA/GIFT and the unilateral cancellation will not hold good and losing of the case is at higher end.

If there is no specific partition, all the other family members may have chance to file a suit against all of you i.e. E, S1, S2 & S3 for cancellation of Gift Deed/POA, which is executed by E, S1 & S3 in favour of S2 illegally without any valid right over the same.

@ K S A Narasimha Rao : No partion were happen still today all property are in name of G still are joint and HUF . Whether if E S1 S3 can win if S2 file a suit on E S1 S3 for cancellation of gift deed. For S1 and S3 dont have title in the property still E is mom of S1 and S3 , E is alive but in gift deed S2 got sign from S1 and S3. in this case if S2 file a suit whether E S1 S3 will won..?

Dear Nishanth,

1. No partion were happen still today all property are in name of G still are joint and HUF.

    Once G" died, how can it be still under HUF?

2. Whether if E S1 S3 can win if S2 file a suit on E S1 S3 for cancellation of gift deed.

     No scope to win by E, S1 & S3, unless you have a strong evidence to show that they were compelled to sign before registrar concerned.

3. For S1 and S3 dont have title in the property still E is mom of S1 and S3 , E is alive but in gift deed S2 got sign from S1 and S3. in this case if S2 file a suit whether E S1 S3 will won..?

I could not understand the above sentence.
 

S2 have good chances to get declaration of "Deed of Cancellation of Gift" as null and void through Court if he files case before the Court. However, in the eye of law the document executed by E, S1 & S3 is void and non operative as per the earlier judgements passed by the Hon'ble Supreme Court and various High Courts.

 

K S A Narasimha rao : its undivided property for E . G is father of E .

K S A Narasimha rao : its undivided property for E . G is father of E .