Gift deed cancellation and position clarification
Hi, my father had 2 brothers(elder and younger, my father is the middle one). Since elder brother didnt get married he gifted his property to his one of the younger brother's son. Donee was minor at that time. To raise her sons she had made agrement with me on this land and took some amount saying the propertywill be registered once her son become major. In 1991 donee,major son, had registered the property to me. Turning point is just before this register the doner had revoked the gift deed.and doner was the witness for the registration too.. he intentionally cancelled the gift deed and keeping it silent he signatured as witness for my registration. Now the doner and donee both are not alive. My cousins( my father's younger bother sons and my own brother) claim that tgis registration is not vakid as the gift deed was cancelled before myregistration.and they are the leagal hairs of donef and they want the equal share in the property.
Now my question is,
1.does this cancellation legal?
2.what about the registration done with me? Does my registration become void?
3. If at all this registration become void, what can I do ?
Asked 3 years ago in Property Law from Vijayawada, Andhra Pradesh
1) once gift feed is duly stamped and registered title in property passes to donee
2) donor cannot cancel the gift deed .he has to obtain court orders for setting aside gift deed
3) subsequent gift deed in your favour is valid
4) your cousins have no share in the property
Thank you Ajay.
Here are few points I want clarification.
1) their point is after gift deed cancellation it has been registered so this registration is not valid. So in this case the cancellation itself not valid.. Right ?
2) my cousins approached court and sent a notice saying this registration is not valid as it has been cancelled. How can court send a notice with out the details?
3) none of them doner and donee are alive, in this point my Cusines are fighting for this property is it applicable ?
Asked 3 years ago
1) cancellation is not valid
2) court will issue notice in case suit is filed
3) you have good case on merits
4) it is immaterial whether as no date donor and donee are alive or not
1. The gift deed cannot be unilaterally cancelled by the donor once it has been executed as the donor ceases to have any share in the gifted property after the gift is made.
2. Since the donor had cancelled the gift before the donee could register the property in your favout you have to challenge the cancellation by the donor in the court. Unless a judicial declaration of the illegality of the cancellation is sought from the court your title will remain subservient to the title of the heirs of the donor and donee.
3. The dark clouds which have engulfed your title will dissipate only once the court quashes the cancellation as illegal.
1. The court has sent the notice on the basis of the case filed before it. You were not before it in defence when the notice was issued to you.
2. You should contest the case on merits and file a separate case to seek a judicial declaration of your ownership.
Hi, once the property was gifted and it can't be cancelled and it can be cancelled only through the process of the court.
The cancellation of gift deed is not legally valid. Unilateral decision to cancel or revoke the registered gift deed has no legal importance nor will it be legally tenable.
The registered sale deed made in your favor stands good. If somebody is making a claim in the property that has been registered on your name, he is doing it so with illegal intentions behind, ask him to proceed with the case legally.