• Legal notice to cancel sale deed after 4 years of separation

Hi

A legal notice has been served to my aunt on the 27th of July, which essentially asks her to come back to her husband or cancel the sale deed for a plot of land (5 cents) registered in her name.

A bit of a background, her husband is my paternal uncle (my dad's younger brother) and calling him a nutcase is an understatement. My aunt left him and living on her own along with her daughter for 4 years now and the sale deed for the mentioned property is executed about 8 years ago.

I have the following questions

1) What is the time period to reply to a lawyer notice?
2) Can the said property be re-registered to someone else after the notice has been issued?
3) Can she apply for an annulment or divorce and claim the property if she registers a case before him?

Any help would be greatly appreciated
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Dear Sir/Ma'am

In most cases, the reply limit for a legal notice is between 15 to 60 days and it will be mentioned in the notice itself.

If the gift deed has already been executed and the property in question is in your aunt's name, your uncle cannot cancel the gift deed at this point.

Furthermore cruelty or domestic abuse is a valid ground for your aunt to either separate or get a divorce from your uncle.

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Hello, 

  1. There's no specific timeline to reply to the notice, however, usually it is one month. Most often the notice would have a stipulation to that effect. It is advisable to reply at the earliest opportunity. 
  2. No he cannot revoke the gift deed that was registered is unless she agrees to it. However, a fitting reply needs to be given to the notice. 
  3. There's no annulment possible after an year of the marriage. However, she has the option to file for divorce on grounds of cruelty. 
  4. If he files a case, she has enough material to defend herself. 
  5. Take assistance of a lawyer to reply. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

A sale/gift deed once executed and registered cannot be cancelled. The gift deed is registered in favor of your aunt 8 years back and she left him four yrs bacm. Though you question  is not clear, it seems notice  is issued by her husband asking her to join him failing which  he will cancel the gift deed. Nothing of the sort can happen in law. A gift deed can be cancelled only under special circumstances on the direction of Court. Presence of both donor and donee before Sub-Registrar  is mandatory. Cancellation of gift deed is not a joke.

  1. The notice does not deserve any answer being untenable under law.
  2. It can be registered to someone else. There is not chance in view of Section 32A of Registrar Act.
  3. She can apply for divorce not annulment.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and yoru child maintenance.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment up to three years. File cases against him and his family in Court, not in police station, police can be managed. Once they get summons from Court and police all of them have to attend police station and Court.
  6. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances custody of child above 5 years is given to mother with visiting rights to father.
  7. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Hi, First you  have to issue reply to the legal Notice sent by your aunt.  For cancellation of the Sale Deed she need to file a suit in the Court. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

1. Legally there is not fixed time for giving reply, however it should reply within the period of 14 days to 30 days.

2. A registered Gift deed or Sale deed cannot cancelled without a sufficient ground , and it needs court order 

- However, if the husband having proof of payment for the said property in the name of his wife , then he can file a declaration suit before the court after producing the proof of fund 

3. If she having grounds of divorce , then she can proceed for the same , and a separation may be also a ground for divorce. 

- If the gift deed is conditional or property not transferred to her then it can be canceled 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. There is no fixed time limit for replying the notice unless mentioned in the said notice though unreasonable delay should be avoided.

 

2. Properties are not registered, the title deeds conveying the properties in other's names are registered. So, your Aunt only can register a sale or gift or cancellation deed for transferring her title of the said property. The said property can not be re-registered by any body other than your Aunt.

 

3. The property belongs to her as per the title deed shown in the records. It has no connection with her filing divorce suit against her husband.

 

4. However, her husband can file a declaratory suit praying for a declaration that the property actually was purchased by him in his wife's name and he had paid the full consideration for which the property belongs to him. He can also pray that the Registrar should be directed to cancel the said sale deed in favour of his wife. This case will take around 5/6 years to be disposed of.

 

5. If her husband files such declaratory suit, your Aunty shall have to contest the said suit claiming that the consideration for buying the property was arranged from the fund she had brought from her father during her marriage or was earned by her. Her husband will not be able to do anything thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

There is no time period but you should reply as soon as possible 

 

2) it cannot be re registered in third party name  unless earlier registration is cancelled 

 

3) she can file for divorce 

 

4) seek injunction restraining husband from disturbing her possession of property 

Ajay Sethi
Advocate, Mumbai
100090 Answers
8174 Consultations

Gift deed cannot be cancelled unilaterally 

 

you need court orders to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
100090 Answers
8174 Consultations

You can't cancel a registered sale deed with legal notice. You need courts order in the same

Prashant Nayak
Advocate, Mumbai
34749 Answers
252 Consultations

1. The lawyer notice itself would have specified the stipulated time for giving reply. 

However you can issue a reply notice beyond that period if the delay was due to unavoidable circumstances. 

2. No, it cannot be done by a third party who is not a title holder. 

3. It depends,  if she wants to file divorce,  she can very well proceed without considering the property aspect,  because both are different subjects. 

T Kalaiselvan
Advocate, Vellore
90293 Answers
2513 Consultations

She can challenge the case properly if he files one against her. 

He has issued a legal notice as a routine on the advice of his advocate which is a preliminary step to file a divorce case. 

Hence she can react to his legal notice through her lawyer properly. 

T Kalaiselvan
Advocate, Vellore
90293 Answers
2513 Consultations

1. Immediate

2. Waste.

3. The complete facts will help answer this question. 

 

Rajaganapathy Ganesan
Advocate, Chennai
2306 Answers
8 Consultations

1. not necessary to reply to a legal notice. It is optional. However if you want to keep the records straight, a reply stating the correct facts can always be sent 

2. no. not so easy. the husband will have to file a suit for cancellation of the gift deed

3. she can apply for divorce. she can also seek a declaration that the gift deed executed in her favour is binding on her husband and that she is now the owner of that property

 

nothing stops the uncle from applying to the Family Court for restitution of conjugal rights

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

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