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lissing perme (unemployed)     07 May 2013

Revocation of gift deed

Respected Members,

Could Somebody help me out??

Fact of the Case:-Mr.' A' is allotted to Plot of Land by Government for Residential purposed. On 27/09/2011 Mr. 'A'and Mr.'B' executed a gift deed before the Judicial Magistrate First Class vide which said plot of land was gifted to Mr. 'B' by Mr. 'A' out of love and affection. But this gift deed has never been register before the Register Office.And as per the gift deed Mr. B need to get transfer the allotment order in his own name (though there was no mention of time frame for it),but Mr. 'B' yet to do so. And on 04/04/2013, Mr. 'A' who was in need of Non Due Certificate from the Land department when visited the of the Land Department found that the aforesaid plot of land is still in his name and he need to pay due form Sept. 2011.And as such he was denied the certificate,which cost Mr.A heavily.

Question/Help:- Now Mr. 'A' want to revoke his earlier gift deed,Can he do so?? As Mr. A has lost heavily due to fault of Mr. B .Now Mr.A want to cancel aforesaid gift deed, is any way out for this in legal way.



Learning

 3 Replies

Ajit Singh Cheema (practising Advocate)     08 May 2013

The gift deed is suffering from inherent defects,Firstly The gift deed is unregistered and secondly the gift has never been accepted by the donee.Under Section No 123 of Transfer of property Act the gift of immovable property can be made only through a registered document.

lissing perme (unemployed)     08 May 2013

I forgot to mention one fact that the aforesaid plot of land is in possession of Mr. B., now.

Varun Desai (Advocate)     08 May 2013

As per the eye of law gift deed is valid as it is executed before the competent authority further the person whose favor gift deed is made is in possession of property and enjoying it without ant interruption.. in this case question of cancellation of the deed does not arise  as is not registered


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