• Cancellation of gift deed

I got a plot in the form of gift deed from my mother. 

After the gift deed was executed there was a problem in the registration office. So my father-in-law got involved and resolved it. We got the documents but he is holding them and refusing to give it to me. 

I made all the main people from my family to talk to him, he simply is saying it is not with him. I cannot proceed legally due to some family concerns.

I gave him power of attorney since he was helping with the registration process. He is holding the documents for his personal gain. My mother and I are thinking to cancel the gift deed so that the documents that he has will become useless.

Since both the donor and the donee are willing to cancel the gift deed, I believe it can be done. But my question is

1. Is it possible to cancel the gift deed without the documents? We have the previous documents that still shows my mother as the owner and the new documents that has my name are with my father-in-law

2. Can I re apply for the documents and then cancel the gift deed once the new documents arrive.

3. Any other options that I can execute to get my documents back?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1. The gift deed can be revoked, if there is no objection from both the parties.

2. You can get certified copies of the gift deed. A newspaper advertisement can be given stating that the original property documents pertaining to the property in question have been lost and asking the public to  refrain from doing any transaction with respect to the said property, from any person other than you.

3. There is no need to revoke the gift deed as a lot of stamp duty must have been levied in order to execute such a document. Father-in-law even if is in possession of original documents cannot transfer the property in another person's name. You should rather cancel the POA given to him. A police complaint can be given against him too.

 

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Can file document missing complaint with police than can apply for cancellation of gift deed. 

Copy of gift deed you can get by applying for certify copy.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. See in your case the simple thing to do will file a complaint for loss of deed take lost certificate from police and give newspaper advertisement for same.

Cancel the POA and get certified copy of sale deed.

Also if you want to cancel your mother with certified copy of deed can file before the civil court.

2. Yes you can take certified copy of documents.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- First of all, file application for certified copy of all documents. Secondly, obtain mutation copy to see updated title.

- If the title is in your or mother name, than no need to worry. Just file report with police and publication of lost documents.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can apply and obtain certified copy of gift deed from sub registrar office 

 

2) you can file police complaint against father in law u der section 406 of IOC for criminal breach of trust 

 

3) gift deed can be cancelled by mutual consent by execution of deed of cancellation 

 

4) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

No need to cancel the gift deed

Whosoever has the original document cannot do much with it in absence of the entire chain of title documents

Just lodge a police complaint for lost document

Also issue public notice in local newspapers informing about the loss

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1. If he is not delivering to you the original gift deed then firstly a FIR should be filed against him in the jurisdictional police station and thereafter a certified copy of the gift deed should be obtained from the office of sub-registrar.

2. Also carry out publication in the newspaper that original gift deed of the property has been stolen and general public should take notice to not to enter into any kind of transaction with regard to this property.

3. There is no need to cancel the gift deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can obtain certified copy of the Gift Deed from the jurisdictional Sub Registrar's Office and is as good as the original one.

2. You can Lodge a Police complaint stating that the original is lost or misplaced and to prevent the misuse of the same you are lodging a Police complaint.

3. After lodging the Police complaint, publish a Public Notice in vernacular and English newspapers, regarding the lost/misplaced original Gift Document and also State that the original document will be no more valid and the public should be aware of the same.

4.  Other option is to revoke the Gift Deed, if it's a revokable one.  One more option is to get the cancellation deed executed by both the Donor and the Donee.

5.  A Gift Deed will be valid only if the Donee has accepted the same. Please check this point after obtaining a certified copy of the Gift Deed from the jurisdictional Sub Registrar's Office in which the deed was registered.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1.  Legally there is no need to cancel the Gift Deed, for the reasons mentioned by you.

2.  IF the Gift Deed was duly registered, THEN you can apply for "certified" copies of the Gift Deed, which would as good as the original (provided it is certified copies and not photocopies).

3. Further you can apply to the Revenue Dept office (Talati /Village Revenue officer) and get latest date 7x12 extract and other related documents of the land /property.

4. The above certified copies would legally sufficient for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

5.  Even if FIL is not ready to return the documents in his possession, EVEN then there will be no problems, due to the said "certified copies".

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You know that donor and donee can registered cancellation of gift deed if both are ready.

 

Kindly get a copy from registrar of gift deed which you have registered it and attached to your cancellation of gift deed. Register with Registrar same, so automatically the gift deed will be revoked.

 

Because the same gift deed details may applicable with Registrar.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Yes  by consent it can be cancelled through mutual cancellation deed. 

2. Yes you can reapply if needed. 

3 certified copies is only option

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear sir,

 A gift deed is said to be valid only after registration, which is mandatory under S. 122 of the Transfer of Propeorty Act. Once a gift deed is made and registered it cannot be cancelled by the doner without the consent of the donee, The donee can cancel the gift deed and give up his intereset in the said propeorty.

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Warm greetings!

Apply for the certified copy of your gift deed ,

Issue paper publication that you have lost the document and could not trace out  by which you will have a hold on the document,

Yes You can go for it if both the parties are willing but not without the document; 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Hi

Reply to your query is as under:

2) Yes you can apply for Certified Copies of the Deed from the concerned Registrar's Office.

1) Using (2) above you can get the said deed cancelled by paying appropriate stamp duty and registering it.

3) You issue notice to your FIL for return of documents. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes it is possible but not without orders from court. 

Yes you can make application for getting certified copy of papers from registrar office. 

Your mother have to file suit for mandatory injunction for set aside the gift deed in ground of fraudulent transfer by father in law. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.power of attorney is not registered then it can be cancelled by a registered letter written on plan paper & sent to the person/authority for whom this POA deed was made along with a copy to the person in whose favor this was given.. 

2. no need to cancel gift deed you can apply for certified copy from Jurisdictional SRO. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A gift deed is irrevocable.

Let him keep the papers. He cannot do anything. A 2011 supreme court judgment says that land deals through PoA do not confer ownership rights. He is NOT the owner. You are. The PoA must have been a specific one.

Apply for a duplicate copy.

Then register the gift deed. The property belongs to you.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

hello

i will be short and crisp:

the gift deed cannot be cancelled by the donor 

you can get the copies of registered documents from the registrar office

the power of attorney can be cancelled.

I hope this replies to your queries.

regards

gopender

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

1.  If you are worried about the original registered gift deed held by him, then you can obtain a certified copy of the same and proceed with the proposed cancellation deed to cancel the registered gift deed, simultaneously you can even issue a legal notice cancelling the pOA deed given in his favor.

2. You can get the certified copy of the registration documents.

3. You can issue a legal notice to him demanding the return of the original documents held by him which is an illegal act and warn him of the consequences if he is denying to return the same.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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