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phaneendra (b.l)     28 November 2010

revocation of gift deed

sir

 iam phaneendra reddy .my wife was registers a gift deed(6 acers) to his elder sister 4 months back (23-07-2010). after four months my wife needs the gift and cancel or revoke the gift deed .now she manages the registrar and revocked the gift deed(20-11-2020). but my wife enjoys the land 6 acers from last 7 years to till today. problem is we are not having the prevoius original documents .that documents are at his elder sister.

please can u give any idea for taking original documents and full powers on the 6 acers land 

              thanking u sir



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 7 Replies

Darshan Panchal (Advocate)     28 November 2010

in the first place Mr. phannendra gift  once made is irrevocable and becomes the exclusive property of the donee. Donor can not revoke or cancel it. It can ofcourse be challenged in the court by proving that gift was made by force, coercion etc. Gift once made becomes absolute. So even if ur wife got it cancelled by managing registrar it is always open to her sister to challenge the same. U can not change the law by managing authorities or by ur acts override the provisions. Secondly if anyhow it got cancelled and her sister consented and took no action and again if ur wife name's been entered in revenue records as owner, u may offer her some money in return of the original documents.

VIJAY MONGA (ADVOCATE)     28 November 2010

Mr. Panchal's reply is absolutely right.  A Gift deed is an irreovable document.  To get the document cancelled/revoked Donor has to challange the validity of Gift in the Court of law by proving that it was executed under pressure, force or coercion.

phaneendra (b.l)     01 December 2010

thanks alot sir

if any possibility to take her property .why because she and me were very poor sir.

one more thing is she was mentally disturbed since from last 2 years. and she was under go some treatment.

is this clue is use full .at present land is under my wife usage.wat is the first step we r going to take legally.

every one says take injunction order first .

thanking u sir .

iam very happy to recieve ur reply


(Guest)

file a permanent injunction if any disturbances arised.  Try to change the revenue records of the land as per the gift deed. pay regularly the tax and other govt. tax relating to property.

SACHIN AGARWAL (ADVOCATE)     02 December 2010

The advise of Mr. Panchal is absolutely correct.

phaneendra (b.l)     09 December 2010

thnks sir

now i will tell some imp points favor to me.is this use full or not for furthur legal action.

1.that revocation land is in my wife,s possesion(usage).

2.now iam upgrading the revenue records that is preparing passbooks,adangal,1B, paying land tax,etc is usefull.

3.one witness out of two in gift deed registration done previously is my wife,s mother is now favor to my wife(donee).my wife's  mother is can tell and do any thing  favor to us.

4.after 3 months revocation of gift deed wih out any notice from any one  .will be cancelled previously registerd gift deed to donor.

5.now revocation of gift deed can gift registered to me is it usefull(donee to donee husband).

6.now we can take any legal actions on donor.

7.my wifes only property is 6 acers .she can gift deed the property to his elder sister with out my(donee husband) notice.

pls tell me wat are the steps now i can take .

thanks in advance

 

 

phaneendra (b.l)     10 December 2010

reply to me sir its urgent 


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