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Naidu   29 October 2016

Revocation of gift settlement deed

hi, my elder brother made gift settlement deed of house through registration in 2004 feb with out any conditions, At the time of settlement deed iam already staying in this house from many years and this was also mentioned in the deed itself. After registration i transferred property on my name in muncipal records immediately, i also applied to local muncipal authority for construction of first floor on existing building in same month i.e feb'2004. I constructed first floor and also get SBI housing loan for that in june 2004 and i completed construction by july'2004 and paid the loan in 3 years. But my brother with out any information to me he made revocation of gift settlement after 7 months i.e sep'2004 mentioning that i am not behaving with him properly. Still iam staying in this house with my family.

Recently i came to know about the revocation in july'2016 when i applied for loan on my house, when asked about it he replied that he will rectify it soon, but he is not doing that. So i sent legal notice to him on the above issue, but he kept silent without any reply. I am prepaing to file a suit against him for declaration as the revocation is null and void. 

Now i want clarification from the respected members that can i file a suit now, is there any time factor to file a suit after revocation. I came to know about revocation recently, but he made it at sep'2004 and kept silent. can i claim declaration now



Learning

 4 Replies

Ms.Usha Kapoor (CEO)     30 October 2016

tOnce  your elder brother  gifted his  house property to you by  a registered  settelementDEED or gift deed along with possession the gift is complete and  legally valid.It   tcannot be revoked.Under Trnsfer of property also once a valid gift  is made in acordance wih law  cannot be revoked.Here  the elder brother parted with possession of the property, mutation has beene effected in your name in revenue recrds-looking from any point of view  this is a valid gifrt  and you've got absolute ownership rights over the  igfted house propety ano none can  disturb your rights in ths property a or muchless challenge it.If you appreciate this answer please  click the thank you button  on this  forum.

1 Like

P. Venu (Advocate)     30 October 2016

A gift deed, duly conveyed, is not revocable unless there conditions to that effect in the deed.

Naidu   31 October 2016

sir, 

My question is that revocation was done in sep'2004 without any information to me, i came to know about revocation in july'2016 when i apply for bank loan. immediately i gave a legal notice to him in aug'2016. can i file a suit against him now for declaration that revocation is null and void i.e after 12 years from revocation date

A walk alone (-)     31 October 2016

Please click thank you button for Ms Usha kapoor

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