Lakshmi Veer (electrician) 27 April 2011

LAW ON GIFT DEED

As my father purchased a shop room in 2006 and made registration in name of me.Recently in 2010 i gifted the property to my aunty(my father own younger sister) for getting loan for her new constructing house.I did the gift deed without knowing to my parents.My aunty didnot applied for loan and she place that property for sale.By knowing this all i informed to my father and i ask my aunty what r u doing all this but she refuse me all.By knowing this all i cancelled the gift deed recently one month back and change to my name.But now she claimed a petition on me and my father in the court how we can return back the property once given.Please suggest there is a law we can return back the property and still my father doing business in that shop and it is the only property to our family and now i am 25.Please help me in regarding in this issue

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2 Replies

AAK (Advocate) 27 April 2011

how have you cancelled the gift? is this cancellation made before the registrar office?

AAK (Advocate) 27 April 2011

Once the gift is made it cannot be cancelled by donor alone. ex: If A executes Gift in favour of B he cannot cancel it by himself unless with the consent of B.

In one of Judgement: Narayanamma and Anr.v. Papanna, 1988 (1 ) Kar. LJ. 80 : ILR 1987 Kar. 3892

Section 126 of the Transfer of Property Act that a registered gift deed cannot be unilaterally cancelled, placing reliance upon the decision, it was held that cancellation of gift deed by another registered deed was not legal and valid as per the aforesaid decision the remedy was to file a suit seeking cancellation of the gift deed.

You have to file separate suit for cancellation of gift deed alleging fraud and the details of the fraud i.e.where, when, how, circumstances, documetns if any should be clearly mentioned therein (O.6 R.4 CPC)