• Unilaterally cancelled gift deed sold (registered) to someone. Is it valid?

Hi all... 

 Father gifted land to daughter on her marriage. The same was unilaterally cancelled after 3 years. Then the property was sold by her father to third party but she didn’t signed the document. 

1. Third party registration document is valid? They got 1B adangal also from MRO. 

2. If not, what form/document to be signed by daughter to third party if she is ready to sign. 

3. If she is not ready to sign/ accept it, what could be the third party’s possible route to acquire it. 

As someone told me that if the daughter is not accepting, then third party also can not do anything. But how come!! He paid to it but never aware that unilateral cancellation is not valid. 

How can he acquire full rights on it. Please suggest. 

Best regards,

Kumar.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Hi

1) If the gift by the father to the daughter is by registered gift deed, the gift deed cannot be cancelled unilaterally .

2) The subsequent sale by father is actually void and the third party sale deed is legally invalid as the daughter (de-facto owner) has not executed the sale deed.

3) Adangal records entry does not confer title on the person whose name is arrayed in adangal records. Adangal records are only indicative of person who is liable to pay taxes to government if any.

4)It is true that a gift deed should be accepted by the Donee. However the effect of acceptance varies from case to case.Gift deed executed in favour of daughter during marriage (pasupu kumkuma) is valid even if the daughter has not done any other thing such as mutation, payment of electricity bills etc pertaining to the property so as denote her acceptance of gift.

5) Father can acquire full rights if and only if both the girl and her father execute a registered cancellation deed and not other wise.

6) If the father wants to cancel the gift deed, he has to approach the civil court and get the same cancelled.

7) The daughter should also approach the civil court to cancel any documents of conveyance executed by her father, subsequent to execution of registered gift deed.

8) If both the father and daughter resolve their disputes, then the sale deed executed by father has to be rectified, by filing the rectification deed, and in that rectification deed, the daughter should be arrayed as a consenting party.

Once the daughter signs the document as consenting party, the third party will acquire clear title. For rectification deed, the fees for stamp duty and registration will be Rs3500-/-

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. A registered gift deed can not be revoked and/or cancelled by the executor. Since the title of the property stands in the name of his daughter, he can not register a sale deed in favour of a third party in connection with the said property. it is strange that the Registrar allowed the said sale deed to be registered.

2. She is the owner of the said property for which it is only she who shall have to register the sale deed in favour of the third party in connection with her said property.

3. Get a sale deed registered by her in favour of the third party duly paying the stamp duty.

4. Being ignorant of law is not an excuse. you can not get title of the property unless the same is conveyed by its present title holder in your favour. Actually her father has cheated you against whom you can lodge police complaint and also file a Recovery Suit.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) gift deed cannot be cancelled unilaterally

2) father ought to have obtained court orders for setting aside gift deed

3) daughter can file suit to set aside sale deed

4) purchaser can sue father to recover money paid by him with interest

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Your mother does not have clear and marketable title to the property

Your mother had to take legal proceedings if she wants to recover money paid by her

Mother can execute gift deed in your favour but you would not have clear title to property

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Was there a registered gift deed between father and her daughter

Because gift is a form of transfer which is compulsorily required to be recorded by a writing which has to be registered

The gift deed has to be signed by donor in presence of atleast two witnesses and further gift has to be accepted by donee

So if there is no registered gift deed in first place, father continues to be the owner and he can sell and register the property in favour of third party

The concept of oral gift is there only in Muslim law which does not require a gift to be recorded by a writing and no registration is also needed

For a property belonging to or owned by a Hindu, the transfer of property act will apply

If the daughter has any claim on this property which is sold to your mother then it is for the daughter to take legal steps. If she does not do anything you need not worry

If she does file a case then she will have to prove the gift in her favour

Also bear in mind that if you have invested the money but registration is in your mother's name then it will be considered as a benami transaction which is prohibited by law

So if you want to have right in this property then its better that you take a gift from your mother

Lastly if you take any sort of document from the daughter to place on record that she does not have any right over the property then it is like indirectly admitting to the fact that the daughter infact had some right in the property, which will go against you only

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hi,

It's not clarified whether father gifted land by way of gift deed or some other documents such as will. If not by gift deed, it will be difficult for daughter to recover that land legally.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Client,

Cancellation of GIFT DEED invalid. It can only be revoked by court order.

Third party registration invalid as without ownership.

File polcie complain as actual owner is daughter.

Mother have no claim as invalid sale.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The daughter can execute a registered ratification deed ratifying the registered unilateral cancellation deed executed by her father cancelling the original registered gift deed executed in her favor.

If she is not ready and willing to ratify the cancellation deed, then she can file a suit to declare the cancellation deed as invalid and not binding on her.

Then the buyer will be in a trouble.

The third party buyer has to to face the court of law and may have to fight to get back his purchase money from the vendor through court

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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