Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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d.prabhakar rao (employee)     20 September 2008

transfer of property gift deed

sir

i purchased a house site in the year 1994.  subsequently i was in trouble financially  my own brother helped me financially .  he asked me for the repayment. then, i gave him my site as gift through registration. he promised me that he will give it back to me after repayment of the amount which i had taken. the deed spelt that the gift was given with love andaffection and to construct a building thereon. now, i have become financially weak and my children grown up and my family is in bad condition.  i requested my brother through my friend who is the mediator at that time, tosell the site and take the amount and give me the balance to feed my children and wife. now, he refused to sell it. now, my question is

 

whether, i am in a position to can cel the gift deed and revoke the deed and take all the right on it

 

pl advise me

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 September 2008

Revocation of a gift deed:-Sec.126 provides a gift may also be revoked in failure of consideration, if it were a contract, might be rescinded.

Krishnan Venkatachalam (Legal professional)     20 September 2008

Dear friend,


The Gift deed can not be revoked as the gift has been given by you voluntarily and  accepted by your brother and the gift deed has been executed & registered.


Revocation possible only if the gift deed has been executed by you under exeptional circumstances of undue influence, misrepresentation, fraud commited by your brother for which sufficient evidence has to be adduced.

niranjan (civil practice)     30 October 2009

I agree with Mr. Krishnansir.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     01 November 2009

krishannji is right


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