grand father cnanot cancel gift deed unilaterally
2) he would need court orders to set aside gift deed
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.
grand father cnanot cancel gift deed unilaterally
2) he would need court orders to set aside gift deed
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
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
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.
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.
Your grandfather can apply to senior citizens tribunal to set aside gift deed if grand children are refusing to take care of him
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.
Yes the Senior Citizen welfare.tribunal.has power under section 23 of the Act to cancel registered deed.
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.
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
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.
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.
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.
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.
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
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 ,
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.
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.