1) your mother could not have cancelled the gift deed unilaterally without court orders
2) file suit to set aside gift deed made by mother in your sister name and also cancellation of gift deed
3) court would grant you necessary reliefs
Illegal property registration
Hello Sir, My grandfather had willed a residential plot on my mothers name who gifted it to me and my elder brother in the year 2006 (Gift Deed). We have been paying the property taxes ,water connection and electricity bills all of which are on our name since then, recently we came to learn that our sister at the time of my mothers hospitalisation got the property re-registered through a gift deed on her name and ours making her a stakeholder of the plot. The re-registered property transaction doesnt consist of my mothers signature and has only her thumb impressions. We suspect the authenticity of the transaction or our mothers consent for it as she was a graduate and govt employee (gazetted officer) during her lifetime We also suspect this would have been done at the time of her hospitalization where she was undergoing medical treatment for kidney failure and hip fracture treatment. During which time our mother was not in fit medical condition. My sister address or residence where she is living is not known to us as she has not been in touch with us since then. The encumberance certifcate on our property reflects transactions which say that our gift deed has been revoked and cancelled and consists of the new re-registration done by our sister. Please suggest how we can get this corrected.
Asked 8 years ago in Civil Law
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3 Answers
The registered gift deed in your names canot be unilaterally revoked or cancelled by the donor.
Any such act is invalid and not binding on he donee(s).
The electricity connection and other relevant records in your names are evidence for having acted upon the gift deed.
Now since she has created an encumbrance you cannot remove it just like that, you may have to file a suit for cancelling the cancellation deed and also to declare your title tothe property on the basis of the gift deed in your name.
Without a court order it will not be possible to restore the property title in your favor.
1. I am surprised how her deed is reflected in the encumbrance certificate.
2.This is so because gift deed once done can not be revoked by the donor anymore.
3.However since a fraud is done now only option for you is to file a suit for declaration of her deed as null and void on the ground of fraud and force perpetrated upon your mother.
4.Do not loose physical possession of the proeprty.
