Dear Client,
It can be cancelled in exceptional circumstance but not unilaterally. Without making you party in court case, gift cannot be revoked. But now its late, appeal agasint order barred by limitation.
What was you waiting till now ?
Cancellation of " Cancellation of Gift Deed " !!?
Hello Sir / Madam , I was gifted a open land by my maternal uncles in 2005 , since they could not repay the loan taken from my parents. In 2013 , they Revoked the above said registered gift deed from the court Unilaterally , stating that it was done on coersion by me , which is not true. My parents passed away before 2005 . Now can I fight for justice , can the cancellation of gist deed get cancelled ? Regards .
Asked 7 years ago in Property Law
Religion: Hindu
19 Answers
1)you have stated that registered gift deed was revoked by court unilaterally
2) you mean to say court has passed orders setting aside gift deed
3) if so said order has attained finality as no appeal was filed by you
4)you would not get any reliefs from court at this stage
1. 1. it is not too late for you to challenge the decree passed ex parte.
2. Had you been informed of this setting aside by court in 2005 you could have applied for setting aside of the decree .
3. Now it would be very difficult to go for it after a lapse of 13 years though there is no harm in applying for setting aside the ex parte decree seeking condonation of delay.
See since the gift deed.was cancelled by order of court and the suit went exparte.you need to appeal the order before the higher court tough the appeal is barred by limitation you have to state the reason of dealy.
The testator can cancel the gift deed on the grounds of the conditions of the gift and in case it is considered it cannot be removed
I am really sorry , it was not with the COURT order. My uncles have unilaterally Revoked the gift deed , .. Without informing me . , in the sub registrar office in the year 2013. In the deed it is mentioned as Section 128 of transfer of property and coercion .
Asked 7 years ago
gift deed cannot be cancelled unilaterally
2) file suit to set aside unilateral cancellation of gift deed
3) take plea that you came to know of said cancellation now
Sub registrar has no power/authority to cancel registered document, SC judgement.
Cancellation illegal. You are actual owner.
See the deed for revocation is not valid if unilaterally revoked you can file a suit for cancellation of such deed in civil court you are rightful owner of the property.
See mere mentioning in deed it is not valid even if consider coercion was there court can only cancel a deed.
Yes, getting the unilateral cancellation quashed through Court is very much possible.
You need to approach the Civil Court and challenge this illegal and unilateral revocation.
If you have been maintaining the possession over this property, seek an order of status quo so that your possession is not disturbed.
You can challenge the cancellation of gift deed by showing that the said give the it was executed by your uncle without any sort of coercion, undue influence or fraud.
You should also produce documentary evidence before the court showing that the said gift deed that was done as repayment of loan.
Gift deed cannot be revoked unilaterally.
Also, gift deed cannot be revoked by Sub registrar as he has no power to do so. Only civil Court has jurisdiction to entertain such cases
The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed.
Dear Sir,
First get copy of cancellation of gift deed because it cannot be unilaterally cancelled without the consent of other party as per following judgment.
No Authority Can Cancel Registered Documents: SC [Read Judgment]
The Supreme Court in Satya Pal Anand vs. State of M.P, has held that once the document is registered, it is not open to any authority, under the Registration Act, 1908, to cancel the registration. In the instant case, an application was moved by a person before the Sub-Registrar (Registration) calling upon him to cancel the registration of extinguishment deed executed by the Society cancelling an allotment of plot. Aggrieved by rejection of his application, on the ground that Sub Registrar has no jurisdiction to cancel the registration of a registered document in question, he approached Inspector General (Registration), but in vain....
If they had got the registered gift deed cancelled unilaterally through the registrar's office, then you can file a suit to cancel the cancellation deed but it should be within three years from the date of its execution or from the date of your knowledge.
It is illegal to unilaterally revoke the registered gift deed by the donor.
You can challenge the same in court of law and get back your proeprty.
You can even file a declaration suit to declare your title and to cancel the cancellation deed.
- As per the information mentioned in the present query, make sit clear that it has been revoked in the sub- registrar’s office without even informing you.
- This is in fact, not at all right at their end, and how could registrar do this without adjudicating the matter, calling you for any objection.
- In fact, they should have gone before the court of law to get it cancelled, if they are seeking the same on the basis of coercion.
- You should challenge it in the court of law before the appellate authority of registrar’s office as soon as possible.
In this scenario you should file a suit for declaration to declare the revocation deed as void and also seek another declaration to declare you the absolute owner of the land in question.
Gift deed cannot be revoked unilaterally by donor
Cancellation can only happen through court order
Challenge the registration department act of registering the cancellation deed by filing a writ petition
If the deed is revocable them only it can be revoked. Else it can't be revoked
