Cancellation of a gift deed
We are a Muslim family.
We are four siblings ( Two sons and Two daughters ).
My father expired on Jan 5, 2014. He did not write any will for the property. Till now the property is not shared among us.
I had written a gift deed( of My father property ) and registered to my younger brother, and my siblings (sisters) does not know about this.
At the time of registration, we have submitted only my father’s death certificate along with myself and my brother’s aadhar cards . We have not submitted any document ( Family members Certificate like ration card ) of our family details....
Now I want to cancel the deed.
Question: Does the gift deed written by me to my younger brother is valid ?
If yes, Please let me know the best way to cancel the deed.
If No, Please let me know the best way to cancel the deed.
Asked 3 years ago in Property Law from Sullurpeta, Andhra Pradesh
1) you are only one of the legal heirs to your father property .
2) you cannot execute gift deed in respect of your sisters share in property .
3)it is better you take your sisters in confidence and let them move court to set aside gift deed on the grounds that you were not absolute owner of property gifted to your brother
1. If you gifted your share only in favour of your siblings then the gift deed is very much valid.
2. Gift deed once executed and registered and accepted by the donees can't be cancelled any more by the donor.
A. You can execute a gift deed regarding your respective share not beyond that hence your gift deed can be challenged by your sister before the Court of Law.
B. You would better visit the sub register office with the draft of cancellation deed and execute the cancellation deed. But both parties of the Gift Deed must present before the Sub Registrar office.
C. Or, you can approach the court by filing a suit for cancellation or set aside the same.
Hi, you can not cancel the gift deed, once the gift deed was executed the property transfer immediately.
2. The court has power to cancel the gift deed provided it was executed by fraud,undue influence etc.
3. So moto you can not cancel the gift deed.
1. You could not have written a gift deed of the entire property of your father unless you held a will of the same in your favour. However, you could have made a gift to the extent of your share in the property.
2. If the gift relates to the entire property of your father it is illegal and can be struck down as such by the court.
3. If the gift covers only your share in the property it cannot unilaterally be cancelled by you. It can be cancelled only by a court of law. You are free to move to court to seek the cancellation of the gift deed.
1. It is not valid but you can not vcancel a gift deed of your own,
2. It is otherwise invalid since you are not owner of the said property which you have owbe,
3. Let other legal heirs file a partition suit of the property claiming for a direction upon the registrar to cancel the gift deed illegally registerd by you,
4. Based on the Court Order, the Registrar will cancel the said illegal registration of the Gift Deed.
You can execute a cancellation deed and get it registered. For cancellation deed both the donor and the donee have to sign.
By the way how could you execute a gift deed of the property which did not belong to you fully nor you have any marketable title to the entire property?
As a matter of fact the gift deed executed by you in your brother's favor is not at all valid insofar as the interest and shares of other legal heirs involved in it.