Gift deed cannot be revoked unilaterally
2) you need court orders to set aside gift deed
3)gift deed can be cancelled by mutual consent
How to revoke gift deed given to GHMC
We made an agreement for 100 square yards and submitted to bank for loan. Plot Owner already applied for building permission. I decided to take building permission on owners name. After complete survey, Deputy commissioner of GHMC refused to sanction proceedings. He compiled us to make a gift deed without compensation by the Plot Owner for 5feet i.e ~18 square yards for road development and refused to take under taking from us. Without building permission bank will not sanction loan, so we have given gift deed. Then we got permission and our building is going to complete. Later we have come to know that gift deed is not required and none of them near our house has given gift deed to GHMC. How revoke gift deed given to GHMC (greater Hyderabad municipal corporation) for construction of road in less time.
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
We didn't measure the land before agreement. Later we measured the plot and it is only 96 square yards. Only empty land is there without any construction between our neighbours. A temporary wall made of cement sheets is constructed between us. Our neighbour is a lawyer having some political background refusing to measure his land. Please tell how to proceed further. All the legal matters will take much time. But I need a solution which can be completed in less time.
Asked 7 years ago
a gift deed can only be revoked by the donor with the consent of donee..
1) you can apply to survey office for demarcation of land
2) if neighbours refuse to permit survey to be done obtain court orders for demarcation of land
How much time and approximate cost it will take to do both 1. Gift deed cancellation 2. Land demarcation Need URLS links of application forms to be filled for the above procedures. Q. You want us to meet the Commissioner of planning and ask for revoking the gift deed. Q. You want us to do all these after occupying the house or before constructing the compound wall or before how many years.
Asked 7 years ago
Deed of cancellation can be done only with mutual consent
2) it can be done within 15 days
3) legal fees vary depending upon the lawyer engaged by you
4) you have to get it drafted by local lawyer
5) you must apply for demarcation of land , cancellation of gift deed at the earliest
Firslty, as per the information given in the above mentioned query, makes it clear that you still you have a right to revoke your gift deed as it was also constituted on the false representation of the authority.
Secondly, for gettin the land demarcate you may have to request the Tehsildaar of your district as this power vests in him only.
Thirdly, it may take 2 to 3 months time to get the both task completed.
Rest would be able to advice you more precisely if more information be given as there is need to understand the matter in detail.
Good Luck...!
Dear Client,
This has to be done by due land acquisition and compensation paid. You are victim of blackmail. File suit for revocation of gift deed, only court can do that.
Cancellation will take time, requeat court to hold effect of gift deed as an interim measure till disposal of suit.
And take possession of gifted land, dont release it.gift not complete until no actual possession delievered.
Hi,
You need to approach commissioner for cancellation and demarcation. If refused by him, you may have to file court case.
Registered gift deed is irrevocable.
However do you have evidence for making it a condition by the GHMC to approve the plan only if you execute a portion towards rod development as gift deed?
If you confirm that there are no such rule or obligation on the part of the owner to give away certain portion of their land towards road development, you can file a suit for cancellation of gift deed citing the rule or law.
You may discuss with a local advocate for the possibilities on this and then jump into legal action accordingly.
We didn't measure the land before agreement. Later we measured the plot and it is only 96 square yards. Only empty land is there without any construction between our neighbours. A temporary wall made of cement sheets is constructed between us. Our neighbour is a lawyer having some political background refusing to measure his land. Please tell how to proceed further. All the legal matters will take much time. But I need a solution which can be completed in less time.
You can submit an application to the local civic body within your jurisdiction seeking to survey, measure and give a report on the extent of your property.
You may have to comply with the necessary formalities in that regard.
Your neighbor cannot object the government surveyor from measuring the adjoining areas to arrive at correct extent of your property.
If he still objects then you have no option than to approach court for relief and remedy.
How much time and approximate cost it will take to do both
1. Gift deed cancellation
You may have to file a suit for cancellation of gift deed, the time taken and advocate fee canot be predicted owing to various factors involved in it.
2. Land demarcation
It depends on the sanction by the local civic authority and the availability of surveyor.
Q. You want us to meet the Commissioner of planning and ask for revoking the gift deed.
Commissioner of planning will not cooperate and he is not the authority to permit revocation of gift deed of property belonging to government. The cancellation suit before court may be a better solution.
Q. You want us to do all these after occupying the house or before constructing the compound wall or before how many years.
You may instead look for a better option i.e., approaching court within three years from the date of executing the registered gift deed.