My father and his friends (total 4 mem) have bought the 48 cents of site and they gave that site to development, for the approval of panchaythi to the apartment they demanded 9.33 cent as gift settlement for the purpose of road to the apartment. But there is no need of that much site for road, 3 cent will be enough ( i think). Now, is there any possibility of cancelling that gift settlement deed? The gift settlement is done in the year 2011.
hello,
if the gift is unconditional and the society to whom the gift was given has taken possession of it, you can do nothing about it as all the necessary conditions for a valid gift have been fulfilled.you can challenge it only on the ground of fraud, given under duress.
regards
See gift deed cannot be revoked once it is done , the only ground to challenge is fraud and coercion it cannot be challenged in normal course further it is barred by the limitation. If the opponent agrees that in that case it can be revoked mutually.
All the ingredients of valid gift deed is done in your case. The only ground you need to raise is that fraudulently the panchayat has taken 9.33 cent of land and also you need to get any bylaws which mention that 3 cent is enough for road construction only on that ground you can get gift cancelled also since the limitation is over you need to file application to condone delay by court.
You need to file a suit for declaration seeking that the gift deed is void and illegal on ground of fraud committed by panchayat.
Unilateral cancellation of gift deed is not possible
2) gift can be cancelled with mutual consent
3) you can file suit to sett aside gift deed but chances of success are bleak
1. Has the gift deed already been executed? When the gift deed is made the title in the property immediately passes from the donor to the donee whereupon the donee ceases to have any right, title or interest in the property. So if the gift deed has already been made then it cannot be cancelled unilaterally by the donor.
2. A suit for cancellation of the gift deed can be filed by the donor in the competent civil court on the ground that it was executed under coercion and fraud.
was the said gift deed registered.
You can file a petition for setting aside gift deed in Civil Court. It would be set aside only if you are able to prove that the same as been obtained by way of fraud, mis-representation or coercion.
Firslty, Sir, there amgas been a presumption in law as to once executed of property transaction then can’t be revoked.
Secondly, but, yes there are situation where it can be revoked back on the ground of any concealment of the right fact or need or wrong information for getting the same deed in someone’s favour.
Thirdly, your case is the perfect one go the same as requirement was less but asked for more.
You can't cancel it unilateral. It needs to be cancelled mutually
The norms or the rules laid down for granting approval of plotted properties from landed properties are to be observed.
One cannot apply their own logic to this.
You may look into the guidelines and the formalities that are required to be complied with for this purpose or take the help of any advocate in the local to move on.
