Revocated Gift deed - Without consent of Donne

self employed

 

 

Property Type:   Agriculture Land in  Andra Pradesh

Property Registered as:  GIFT DEED (Unconditional Gift Deed) Dated 29-12-2005

Property Donor:   Uncle to Donee  

Property Donee:   Daughter- in- Law to Donor

 

Donor was Absolute Ownership of Agriculture Land,

Donor got it as his rightful share in division of his father properties

Donee father has managing her lands since gifted to her on 29-12-2005

Donee has obtained land records passbooks from Revenue authorities

Availed Agriculture Crop Lone form SBI since 2007 feb

 

 

 

Donor executed revocation deed on11-09-2010 by revoking earlier registered gift deed

Dt. 29-12-2005 executed by him in favor of the Donne without consent of Donne.

Same day on 11-09-2010 he executed sale deed in favor of his son-in-law

 

In revocation deed, reason Donor stated that, I (donor) executed gift deed to my brother daughter (Donne) on 28-12-2005, since then she is not look raftering well and disobeying

I (donor) am worried about my future, that’s Y canceling gift deed dt 29-12-2005

 

Donne file a Suite under order 7 with section 26 of c.p.c on  10-11-2010

To declare right and title of Donne over suite and injunction orders

 

Counter filed by Donor

Submits that donor never gifted the petition schedule property to the Donne

Position is with him only,

When the donor was in fully drunken condition Donne and her men played fraud upon donor and obtained the gift deed on 29-12-2005

Doner wanted to sell his property in 2010 oct, Donne raised objection then Donor come to know the details and awaken, So Donor executed these actions

Claiming that land records and loans are taken without his knowledge

Interim injunction ordered in favor of Donne

 

My question is

a)      How is the position of Donne in Suite

b)      Donor has made allegations in revocation deed and in counter failed are no ware related or different, will they be considered

c)      How to move forward the Suite for Justice

 

 

 

 

 

 

 

 

 

 

 

 

Sir Please help to get justice

 
Reply   
 
B.Sc, B.L

There cannot be an unilateral revocation of the gift deed.

In your case the gift is not conditional. Hence the revocation deed is not valid.

You need not even go to a court of law. It is for the donor to get the deed declared as invalid in a court of law. You are safe.No worry at all 


Total likes : 1 times

 
Reply   
 


self employed

Sir

Donor has failed counter

Donor Stating that he has not executed the gift deed, when he was in fully drunken condition, and not aware about the Gift deed, fraudly executed dated 29-12-2005, come to know only after 5 years

 

And in revocation deed (dated 11-10-2010)

Donor stating that, he has executed gift deed but becouse Donee is not lookaftering well, abusing and disobeying Donor, he is worried about future, that’s Y canceling gift deed dt 29-12-2005

 

 

Will this statements by Donor considered favor to Donor

Sir, is there any time period for Donor to revoke or cancle a Unconditional Gift Deed

 
Reply   
 
ADVOCATE

as per t.p.act gift deed is must be registered  at concern  sub regisrer office than it is valid

if not registered than not valid, when donor came to know cheat with me than in this day to 20 years donor can file suit,but burdan of proff  to donor  prove this deed is in valid 

 
Reply   
 
Law Officer

Dont worry you are absolutely  safe. The statement made in Revocation deed help you as a circumstancial evidence to clear the intention of the Donor

 
Reply   
 

Under Section 126 of t.p.act. Susupension and recovocation of aGift: 

On the happeinng of any speicified event, which does not depend on the Will of the doner, the donee may agree to suspend or revockes a gift.  A gift may be revoked in any canse, in which if it were a contract, it might be rescinded.

REVOCATION OF GIFT;

1.  The parties may agree among themselves that athe gift shall be suspended or revoked on the happening of any spcefied event.

2.  Reasonable grounds alike coercion, influence, fraud, misrepresentation or mutual mistatkes are are valid for revocation of a gift.  Th burden of proof is goes to the doner. so you dont worry.  if he proves it , i am so sorroy.

 
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