Hello Sir, My Father-In law gifted a Property in name of My son(Minor) in 2014 with a Guardian Ship of my Husband , and Me and my husband got divorced in 2015, But In 2016 gift deed has been revocated , with out any order from Competent Court. As everyone knows that the, gift deed can't be cancelled without court order, How can a Registrar can do the revocation? How to challenge the case ? In a court ? In case in court -- Do we need to do Civil case or Criminal case against officials. OR going to the Officer like( RDO , Collector level ) Could you please help me with this. Thank you
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A gift deed is irrevocable. Once the deed has been made and registered and the possession has been taken by the donee, the deed is irrevocable.
That revocation os illegal and not sustainable. Who revoked the deed? That should be challenged before the civil court.
File civil suit to set aside revocation of gift deed by father in law
2) seek injunction restraining sale of property by father in law
1. A Gift Deed can be revoked if both the Donor and the Donee agree for the same voluntarily.
2. Another important point to consider regarding revocation of Gift Deed in 2016, is to know whether your son was still a minor at the time of revocation or not.
3. You can challenge it within the jurisdiction of City/District Civil Court where the property is situated.
Hi, you to challenge the cancellation of the Gift deed in the civil court and also for a declaration that your son is the absolute owner of the property.
A gift validly made by registered deed cannot be cancelled under Section 126 Transfer of Property Act, 1882. What the Registrar did in 2016 is illegal. File a suit in district Court for declaration of cancellation deed as null and void add the executor and husband parties to the suit. If your son is still minor file a suit as next friend and natural guardian. If he is major by now let him file such suit adding you as party will all. You son also has right to share his ancestral property from father.
Deed of gift that too in favour of a minor can not be unilaterally revoked.
Therefore file a suit for declaration that revocation is bad and fit to be set aside as well as seek recovery of possession.
The registered gift deed cannot be unilaterally revoked by the donor.
However if the donor and donee execute a registered cancellation deed within three years from the date of its execution then it can be held valid.
In this case the donee is a minor hence the guardian cannot execute a joint registered cancellation deed to revoke the registered gift deed.
Since you being one of the guardians to the minor donee you may institute a legal suit praying to cancel the revocation of the gift deed before a court competent.
However the limitation is three years from the date of knowledge, hence you may consult and discuss at length with an advocate and proceed as suggested.
Send a notice to alll followed by challenging before the Court.
G.Rajaganapathy
High Court of Madras
Thanks you for all your Answers , As From your Knowledge , It needs to be filed in Civil court , Will Civil court fees would be nominal OR Will It depends on the value of the Property ? If I can’t afford civil court fees , Winning odds if we go through Bureaucratic process ? Going to officials and explaining the situation... Of course I will consult a lawyer , but to for generally understanding...
Bureaucracy cannot do anything in this case. This is a legal issue. The fee would not be much.
Court fees would depend upon market value of property
court fees is state subject and varies from state to state
3) going through officials won’t work . They would ask you to obtain court orders for setting aside revocation of gift deed
You are already advised and now utilise your time before the advocate only.
The court fee applicable for cancellation of any registered deed shall be applicable to the value of property to which the stamp duty was already paid by the executors.
If you want solution through court of law then you may have to follow the procedures of law which includes payment of applicable court fee.
If you cannot afford to pay the court fee you have an option to file a petition to declare you as pauper by which you will be currently exempted from paying the court fee and you may have to pay the court fee after you get back the property.
Yes you can discuss with your lawyer on all such further issues.
Dear ma'am,
You are correct to note that a gift deed cannot be revoked. A revocation of gift deed is possible only when both parties mutually agree to it, or if there is a clause in the deed that enable for revocation on a certain condition.
If in your case, there was not such clause, then the revocation is legally unacceptable.
Firstly, you need to ensure that the property in question is not used and for this you can file a suit for injunction in the court.
Secondly, file a suit challenging the revocation of gift deed. Thank you.
- Yes, as per law, without getting a court order a gift deed in favour of minor cannot be cancelled /revoked.
- Hence, the registrar was not having right to revoke that gift deed , if it was registered.
- You can file a declaration suit for cancelling the revocation deed before the court .
- It will require minimum court fee without valuation of the property , excluding lawyer fee.
