Registered Gift Deed Revocation
My father had a open plot which he purchased from a third party , and I (my Age was 27 years and doing Job) gave some amount to my father to buy the same property from him . My Father told he will do gift deed to me as it will be done by less Registration expenses. As same he did gift deed on my name and registered in Sub Registered office. Later as the land costs increased ,my father revoked the gift deed by managing register office people without my notice and intervention.I am not aware of this till I applied Home Loan .And he wanted to sell the property to other person.I took personal loan,sold stock shares and gave the big amount to my own father and now I cannot tell to anyone outside. I paid some amounts(in Lakhs of Rupees) in form of bank checks to my Father. Now he continuously asking amounts.There is no bad economic situation as My father receives 25 to 30 thousand pension from Govt and no other expenses as everything is taken care by me .Now thinking if I paid the same amounts I might get some big property in open market. Sir please suggest me now what can I do, I can't imagine a case against my father, he is the most respectable person to me. Please suggest me .
Thanking you sir.
Asked in Property Law from Hyderabad, Andhra Pradesh
Your father could not have cancelled the gift deed unilaterally after the same had been registered in the office of sub-registrar. In order to validate the ownership rights which you assumed after the gift deed was made in your favour you need to file a case against your father for recognition of your ownership in the property. Whether or not you have to file the case is to be decided by you, but we can suggest you only within the periphery of law.
If Donner by him/her self does not have provision to revoke the gift deed , how Sub-Registrar office people executing this without Donne acceptance ? They even not asking a signature from Donne.Is this against the property Law. Please advice.
Asked 3 years ago
Sub-registrar is to simply carry out the registration process. He cannot cancel the gift deed. File the case at the earliest.
once gift deed is made donee is absolute owner of property . donor has no powers to revoke gift deed .if he wants to cancel the gift deed he needs court orders that gift deed was vitiated by fraud , undue influnece etc . in your case since father has unilaterally revoked the gift deed you only option is to move court to challnge the revocation of gift deed by your father .