Donor has Revoked the normal Gift deed

self employed

Property Type: Agriculture Land in Prodduttor, Kadapa, Andra Pradesh

 

Property Registered as:  GIFT DEED, Property Registered date:   28-12-2005

 

Property Donor:   Uncle to Donee, Property Donee:   Daughter- in- Law  to Donor

 

Property Registration:  registered with Sub-registrar Prodduttor AP and

paid stamp duty charges of 6% and registration charges in 28-12-2005

its not a Conditional/onerous gift deed, its a normal Gift deed

 

after 5 years, Now in 11-10-2010

 

Donor has Revoked the normal Gift deed

by Revocation deed,  registered with Sub-registrar Proddutor, Aandra Pradesh

 

Same day on 11-10-2010 doner sold the property by Sale Deed.

registered with Sub-registrar to his son-in-law

 

   Please help us to get justice and what is the procedure   

 

 
Reply   
 
practicing advocate

When recovation deed is registered you cannot do anything.

 
Reply   
 


B.Sc, B.L

I am sorry.

Unless the giftr is made up of conditions and the same are not fulfilled, then only revocation comes into play. If the gift is made normally giving the property absolutely, the same cannot be revoked by the donor and any such revocation deed in not valid under law. There cannot be an unilateral revocation of gift deed. If the parties want to put an end to the deed both of them have to approach the SRO, for cancelling the gift deed. Except in such cases the gift is valid for all purposes.

 
Reply   
 
Advocate

Generally, without specific language to the contrary, when a person conveys property to another by deed, the grantee is the new owner and the grantor no longer has any interest in or power over the property.

 
Reply   
 
Govt..Employee

I concur with Mr. Deeksh*tulu.

Once a gift is made by donor and accepted by donee, question of revocation does not arise. Hence, in present case, revocation deed is not tenable, more so its registration. You can seek cancellation of registration of revocation deed. Since it is immovable property, donee ought to have got his/her name mutated in the documents. 

 
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self

Sale deed not valid.

1) Unconditional gift cannot be revoked.

2) I believe that the possession of the property was with the fist donee, so the donor who was not in possession of any property cannot sell the same. 

 Don't give possession and issue a legal notice to the donor and 2nd donee, and can get a interim injunction, if the revenue records and reciepts of land-tax are in your favor

 
Reply   
 
ADVOCATE

Since after the execution of gift deed and acceptance of gift by the donee, the donee acquired the marketable title with transferable rights over the proeprty and in such case the donor was left with no rights and title in the property as such the revocation would not affect the sale deed.

 
Reply   
 

sir,

i am mr. koushik. i'm in service. i have a property.i have 7 katha land in siliguri,west bengal.here i' m residing in a house with my family and some 4 katha land vacant is there since 1977. the property was of grand father's. after his death my three elder uncle(three brothers of my dad) did a gift deed to my father's name and there was six auntys(six sisters of my father). but the auntys did not signed in the gift deed and no names are there in the did about them. now father is dead and he didn't ask for mutation. i have no bother or sister except my mother. now when i went for mutation for the whole land for loan purpose, the sons of uncles & untys opposed it. they are telling that the gift deed is invalid because my aunty's names are not there. and they are having the right in the proprty as if it is my grand father's property. my grand father's deed was done in the year of 1956 and the gift deed was done in the year of 1977.

      sir, just help me , what should i do now?

waiting for your early reply ..........

                                                                                             koushik

 
Reply   
 

sir,

i am mr. koushik. i'm in service. i have a property.i have 7 katha land in siliguri,west bengal.here i' m residing in a house with my family and some 4 katha land vacant is there since 1977. the property was of grand father's. after his death my three elder uncle(three brothers of my dad) did a gift deed to my father's name and there was six auntys(six sisters of my father). but the auntys did not signed in the gift deed and no names are there in the did about them. now father is dead and he didn't ask for mutation. i have no bother or sister except my mother. now when i went for mutation for the whole land for loan purpose, the sons of uncles & untys opposed it. they are telling that the gift deed is invalid because my aunty's names are not there. and they are having the right in the proprty as if it is my grand father's property. my grand father's deed was done in the year of 1956 and the gift deed was done in the year of 1977.

      sir, just help me , what should i do now?

waiting for your early reply ..........

                                                                                             koushik

 
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