Father gifted his self acquired property to me and my brother in 2019 (settlement deed, unconditional). In july 2021, due to my sisters pressure he revoked the property unilaterally without our consent. Now he is willing to cancel the revocation deed. What is the process of cancelling the registered revocation deed ? Whether cancellation of deed is enough or registration of the property is required ?
1) your father could not revoke the gift deed unilaterally
2) he needed court orders to set aside gift deed
3) you can file suit to set aside deed of revocation
4) court would set aside deed of revocation
5) father can take plea he has no objections to deed of revocation being set aside
In order to avoid any further confusion it is better to execute and register a settlement deed afresh.
1. Unilaterally the Donor can't revoke registered Gift Deed without the knowledge and participation of the Donee unless the Donee has not accepted the gift or the Donor was made to execute the gift deed by coercion, threat, etc. or if it were to be a conditional gift deed.
2. In the instant case, it's advisable to get a new irrevocable Gift Deed registered in the names of two brothers in the jurisdictional Sub Registrar's Office.
The unilateral cancellation of the registered gift deed by the donor is not valid in law.
Therefore he can very well execute a cancellation deed to cancel the previous revocation deed giving reasons therein in the form of recitals in the fresh deed that why this present deed has been executed.
- Legally , a registered gift deed cannot cancel without a court order
- However , as he already revoked the said gift deed, then a registration of the property is required.
- Otherwise , you can file a declaration suit before the court for becoming the owner of the property on the ground of that gift deed.
Hi
I presume, the (gift) settlement deed has the signatures of your father, your brother and yourself and the same is registered at SRO.
If it is a registered Settlement deed , then unilateral cancellation of settlement at SRO itself is void. So, all subsequent transactions (revocation deed, cancellation of revocation deed) are inconsequential in eyes of law.
Any which way, now that your father is intending to cancel the revocation deed, he should do so by way of executing a cancellation of revocation deed at Sub-Registrar office.
Once the cancellation of revocation deed is executed, you and your brother should apply for mutation of property in your name (i.e have municipal taxes, electricity, water bills should be in your name).
Hope this information is useful.
He can't revoke it you can challenge the same in court by filing suit
