• Can a grandfather cancel a registery he has done to his grandchildren

Hello my grandfather bought a property in 2005 and recently he did a registery in the name of his three grandchildren and now he wants to cancel it. Can it can be canceled.
Asked 7 years ago in Property Law
Religion: Hindu

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19 Answers

grand father cnanot cancel gift deed unilaterally 

 

2) he would need court orders to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

No it cannot be cancelled. registered Gift deed is irrrevocable

Can only be cancelled by the process of Court that Gift was executed by way of fraud or coercion

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

See he cannot cancel under normal circumstances though under senior citizen maintenamcm and welfare act he can file in the tribunal for cancellation of the registry by citing that you all are not taking care of him nicely 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

What registry ? Gift Deed/settlement deed ?

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

He can file a suit for declaration declaring himself to be the absolute owner of the property, if the sale consideration for buying the said property was paid from his own funds and he has documentary evidence for the same. 

He'll have to prove that the said registry was done by way of fraud,  misrepresentation or coercion.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Your grandfather can apply to senior citizens tribunal to set aside gift deed if grand children are refusing to take care of him 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Court cannot cancel this Registry under the senior citizens act.

To get this registry cancellation, your grandfather needs to file a suit for cancellation, making out a case for him.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes the Senior Citizen welfare.tribunal.has power under section 23 of the Act to cancel registered deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A sale deed can be cancelled unilaterally through an appropriate petition before the competent court by one of the party to the deed praying it to be cancelled and the reasons thereof. If both the parties are consenting to the cancellation, then it can be done jointly before the competent officer.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes in case your grandfather is willing to get it cancelled. As he was the payer then court after considering all the proofs can pass an order for cancellation and then u ll have to get it re-registered 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

If its a revocable instrumnent then he can cancel. If not then he cant cancel the same unilaterally. He needs their grandsons consent or their guardian consent if any.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Registry cannot be cancelled under the senior citizens act and in order to get it cancelled your grandfather would have to file a suit for declaration, and not you. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

  1. As per the information mentioned in the present query, makes it clear that though you are ready for cancelling the same, but not others.
  2. Now, there are few things which need to be clarified herein.
  3. If the property is on the name of the grandfather earlier and then he has gifted it or released it to you all and got it registered on your name including others, then he may recall it after making an application to the registrar’s office.
  4. You may get the application allowed for being a senior citizen.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Registry can be cancelled only if there is no consideration paid or if there isthere some condition to be fulfilled as per the gift conditions.

If your grandfather wants to cancel the registration definitely there must be some clause in the in the  registration document which provides him the opportunity to cancel the registration.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. The gift deed once executed and registered can not be cancellled unilaterally by the donor anymore.

2. So the grand father in this case can not cancel the transfer deed he once made in favour of his grandchildren at this point of time anymore.

3. In the present circumstances the Senior Citizens Welfare Act will not come in aid of the grand father.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Please clear that what mentioned in registry is it gifted or sold to grand children's

It can be cancelled only if your grandfather states that registry done  on grounds of fraud or cheat 

 

Dimple Jain
Advocate, Jodhpur
222 Answers

I am assuming that registry is gift deed, if other 2 are refusing to cancel,

your grand father can cancel deed through senior citizen tribunal (Maintenance and Welfare of Parents and Senior Citizens Act, 2007 )

That my grand children are not take care of me I want to cancel my gift deed , 

Dimple Jain
Advocate, Jodhpur
222 Answers

He cannot cancel the registered document unilaterally.

He may have to  approach court of law seeking cancellation of the registered documents for the reasons he may rely upon with documentary proofs to substantiate his pleadings.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

When he did that registery my two brothers were not present it was just me who was present and I am ready to get it canceled. But the other two are not ready to get it canceled. Just wanted to know that can court cancel the registery in the senior citizen act.


If it was a registered gift deed, the court may not incline to cancel the same even if he is a senior citizen.

The gift deed is executed without any conditions hence the senior citizen may not draw any sympathy.

But that will not stop him from filing a suit for cancellation of the registered deed.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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