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Sbabu (mgr)     01 February 2011

wrong gift deed

Hi,

My father died without partioning the property.  My mother gifted the property to my sister without the knowledge of law thru a gift deed and registered thes ame. We are two brothers and one sister.

Now mother after knowing the law wants to make partiion deed with equal share between children and herself.

How to cancel the gift deed.  Can partition deed be made and a clause be introduced cacelling the gift deed by way of agreement between the donor and donee ( My mother and sister).

If partition deed is made now with the clause stating the facts that the gift deed is null and void, will this be ok ?

Please suggest.



Learning

 6 Replies

A V Vishal (Advocate)     02 February 2011

You have to file a suit for partition and declaration of the gift deed void.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     02 February 2011

Hi,

Your sister has to revike the gift deed. Thats the only solution available for you

Regards,

Srikanth

Abu Thalha (Law)     07 February 2011

An individual revocation deed followed by a partition deed would meet the requirement.

Sbabu (mgr)     04 March 2011

Hi,

We ahve made a partition deed and in the same deed a revocation is made and partition deed is registered is it ok.  Some lawyers suggest that a suit has to be filed.

When both donor and donee has accepted their mistake and declared that the said gift deeds a null and void is it necessary to file a suit .  Please clarify.

regards

S.nagesh Babu

 

Sbabu (mgr)     04 March 2011

srikanth,

To revoke the gift deed is it necessary to be done in the court.  We have done revocation of gift deed in the parition deed itself both donor and donee have signed in the partition cum gift cacellation deed.  Is it ok now kindly confirm.

 

regards

 

Sbabu (mgr)     04 March 2011

If donor and donee accepts in writing that the gift deed is null and void, should we go to the cout of law and file suit  ?

Partition cum cancellation of gift deed made and registered is it ok. confirm please ?

regards

S.nagesh Babu


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