• Cancilation of transferred property

2017 my mother In law transferred property of 100sq yards to my husband. Due to some family disputes my husband transferred 40sq yards to my mother in 2019 without knowing me. I want to apply for the cancilation of the transfered property and the cost of the cancilation and will it happen immediately.
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

1) you have no rights on the property

 

2) your husband does not need your consent to transfer 40 square yards in his mother name 

 

3) transfer would not be cancelled at your request 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You have no right in property, only your husband can cancel it or your mother can surrender it back to husband. .

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

file DV case against husband seek maintenance from husband , injunction restraining husband from selling the property , compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

To your dismay, in his life time, you and daughters have no claim.But you can file application in court for maintenance for you and daughters including expanses of study, marriage etc.

Affair with your mother  ?

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If the land is gifted to him and there is a condition to follow then this cancellation can be done it will not be immediate but you have to to file a civil suit in the name of your mother to cancel the registration.

 in case your husband is not taking any responsibility you can file a maintenance suit against him for the maintenance and education of children as well as your maintenance in case you are not an earning member

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

you don't have any rights to cancel the said property. 

once property transferred it cannot be cancel. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

YOu cannot apply for cancellation of transaction as you are not party to transaction. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can file for maintenance from your husband for yourself and your daughters you cannot have any right on the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Earlier you said -- transferred 40sq yards to my mother in 2019?

Now saying gifted back to mother in law ?

Well, you have no right or capacity to bring an action or to appear in a court or to demand/request cancelaltion of gift deed right

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Gift deed cancellation can be done with mutual consent 

 

2) legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

See same cannot be cancelled as mother in law gift made husband absolute owner and he by virtue of same he can gift or sale the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to file suit for cancellatuon of the said deed through which is is transferred in civil court

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Gift once given cannot be revoked. Gift deed irrevocable. So once the gift deed  registered it becomes the sole property of the donee I.e., person who received the gift. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Since it is not your property you cannot cancel the the transaction by which he transferred the property. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If he's not taking care of the family you may file a maintenance case against him for you and your children. 

You can seek an injunction against the property for the purpose of security towards maintenance. 

You cannot claim any rights in his property not at least during his lifetime. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

As informed you earlier you cannot cancel the transfer of property transaction because it is not your property and you don't have any rights in it. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client 

A gift deed once executed cannot be revoked that too on petition of a person don't have any right in the property which means you cannot challenge the transfer.

The option you have when he is not paying for family responsibilities then you can file maintenance case on your husband through your minor daughter for you and her 

And your elder daughter can file a separate maintenance case on her father.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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