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santhosh (professional)     04 August 2015

Registration of a property cant be cancelled after duration?

Hello sir,

This is regarding cancellation of registration of vacant land. Mr.A got a piece of land from his father through family partition deed. He gifted the same to his wife Mrs.B through a gift deed before his death. Mrs.B sold the property to Mr.C through registration after 5years. Mr.C also sold it to Mr.D after 15 days. Now Mr.Z, the brother of Mr.A wants to cancel the registration/gift deed done by Mr.A saying that Mr.A is not the owner of the property. Is this possible now i.e., after 5 years from the date of registration. Mr.A and Mrs.B possess the following docs:
1. Muncipality tax

2. Permission for construction in the site

3. High court judgement copy in favour of Mr.A. Mr.Z filed against Mr.A stating that he is demolishing the existing structure through municipal permission.

4. MRO/RDO judgement in favour of Mr.A

Thanks

Santhosh



Learning

 9 Replies

rajagopal.s (Lawyer.)     04 August 2015

Hi 

Going by what you said, Mr.Z does not have a case at all. For any cause of action to arise, the time period for filing of suit is 3 years(assuming Mr.Z was a major at the time of family partition deed by A's father in favour of A.)

1 Like

Kapil Chandna (Lawyer at Supreme Court of India)     04 August 2015

Mam,

 

I mean the grounds of cancellation are required to be known.

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450

ADVOCATE DIMPLE JINDAL (Advocate)     04 August 2015

On what basis, Mr z wants cancellation of sale deed? Have he any better title from Mr. A?

adv. rajeev ( rajoo ) (practicing advocate)     04 August 2015

He can go for partition suit saying that it is an ancestral property, partition is not done and gift is not binding to his share.

adv. rajeev ( rajoo ) (practicing advocate)     04 August 2015

Some more details are required to advise you properly.  If he challenges the gift deed then when he came to know about the gift is important.

1 Like

santhosh (professional)     04 August 2015

Mr.Z says he is aware of it just before filing the suit. But we know that he is aware of it at the time Mr.A has done gift deed approx around 5 yrs ago

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 August 2015

Under Section 123 of the Transfer of Property Act, a gift of property, which is not registered, is bad in law and cannot pass any title to the donee.

2 Like

santhosh (professional)     04 August 2015

Respected Ramachary Sir, 
Mr.A has got his ownership title from his father through partition deed. This has been produced in highcourt and was accepted by the court.

Thanks

Santhosh

Kumar Doab (FIN)     05 June 2017

Originally posted by : santhosh
Respected Ramachary Sir, 
Mr.A has got his ownership title from his father through partition deed. This has been produced in highcourt and was accepted by the court.

Thanks

Santhosh

 

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=150471&offset=1

 

 


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