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nlr (na)     22 April 2018

Unexpected revocation of gift deed

A and B are hindus. A gifted B with an immovable property in 1990 by a duly registered and stamped document out of love and affection for B (no conditions in gift deed). B is fully aware of the gift deed and the said original deed is in B's possession. As B was living out of country, further mutation procedures in respect of gifted property did not take place.

In 2007, A revoked the above gift deed by a regd document all by himself stating that B did not take possession nor has paid in taxes in respect of said property. (This is vacant land and there are probably no taxes levied on the same in Andhra Pradesh). A further went on to gift the same said property to his wife by a regd deed and has had the title mutated in his wife's name. The property is in the vicinity of where A lives.

B is back in country now and while wanting to complete formalities regarding mutation etc applied for an Encumberance Certificate and came to know of the revokation and subsequent gift deed executed by A to his wife.

What can B do to get back the property? What are his rights?

 

 



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 11 Replies

R.Ramachandran (Advocate)     23 April 2018

What is the relationship of A and B?

nlr (na)     23 April 2018

A and B are cousins. Their fathers are brothers who are no more.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 April 2018

Registered gifted property documents cannot be revokedd by any authority.unless court orders.

nlr (na)     23 April 2018

Thank you. I was reading that possession by donee is essential. This is agricultural land not being used for years. I was traveling. I have the gift deed. Do I need to prove anything for possession?

Kishor Mehta (CEO)     23 April 2018

A properly executed, stamped and registered gift deed can not be unilaterally revoked under any circumstances.

Kishor Mehta (CEO)     23 April 2018

A properly executed, stamped and registered gift deed can not be unilaterally revoked under any circumstances.

nlr (na)     23 April 2018

Since the gift deed was revoked in 2007 and it's now 2018 when I got to know the facts, is there a limitation period that applies before I file a suit?

P. Venu (Advocate)     23 April 2018

Why you are posting facts in piece-meal?

nlr (na)     23 April 2018

I have been aware of this only since yesterday. And I do not know the full facts yet. Asking questions as I research through the situation.

nlr (na)     23 April 2018

I have been aware of this only since yesterday. And I do not know the full facts yet. Asking questions as I research through the situation.

Master Warrior (AOR)     25 April 2018

Was it revoked ex-parte? How was the revocation registered with the registrar? Was there a court order? Any notification from court?

If there was no court order and no notification, then typically you can sue within 3 years of discovery of whatever is being sued over. You can also approach the court to terminate the revocation as it was not based on fact or law and was unilateral.


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