How to cancel a G.P.A. gift deed unregistered and BBMP Khata too
I want to cancel a G.P.A gift deed which is unregistered but it is notarised, 'A' Mother (268sqft) 'B' Elder Daughter(356sqft) and 'C' Younger Daughter (576sqft) 'D' Government grant land.(30X40) 'E' self construced house
query unfortunely my Mother 'A' is not interesed to to give a piece of land to daughter 'C' and want to cancel the G.P.A Gift deed which was made on 19years ago. Has daughter 'C' is not looking after and been humiliated. Daughter 'C' planned and tranfered the G.P.A Gift deed to his son by paying stump duty about 5 years ago. how to go with legal process and how long it would take because Mother is older she is under 80's.
Please suggest me how to go further thank you sir.
Asked 8 months ago in Civil Law from Bangalore, Karnataka
1) once gift deed is executed duly stamped and regd your mother had no share in the property
2) gift deed can be cancelled only with consent of parties
3) if it GPA executed by mother she can revoke the POA and infirm her daughter of the same
4) public notice has to be issued of revocation of POA
5) contact a local lawyer
The unregistered GPA deed executed in your sister's favor is valid and also a registered transaction or encumbrance made by her in the form of a registered gift deed or sale deed is also considered as a valid transaction.
Just because the relationship soared between your mother and sister cannot be held as a valid reason seeking cancellation of the transaction that took place around five years back.
However if you suspect that the transaction is based on the fabricated documents and foul play by the executor or the vendor, your mother can file a suit for cancellation of the said transaction and also can implead the corporation authority as a party to seek direction against them to cancel the name change in the khatha approved by them in favor of your sister's son.
Hi, Here gift deed is different document and GPA is different document, if the Gift deed is not registered one then it has no value in the eyes of law. It must be registered before the Sub-Registrar office.
2. As far as GPA is concerned once the attorney acted on behalf of the principal you can do anything but you can cancel the GPA by giving notice to the GPA holder.
Is it a GPA or gift deed? If it is a GPA then what is the authority conferred thereunder? A gift deed cannot be unilaterally cancelled after it has been executed unless it is a conditional gift deed. A suit for cancellation of gift deed has to be filed by the mother on the ground of neglect by the donee. Your mother does not have to personally appear in the court excpet for her witness deposition.
I am glad for all the best messages, which was quite helpful to all the dear sir and thank you. I am quite clear the documents which were made G.P.A and Gift deed was not registered under any circumstance, how long would it take in legal terms to cancel it and how the process start...and end...it, that would be much appreciated and thank you in advance too dear sir.
Asked 8 months ago
1) inform the daughter of revocation of GOA
2) issue public notice of revocation of GPA
3) deed of revocation can be executedby mother
4) contact local lawyer
The process starts by filing a suit for cancellation of the deed which will take 2-3 years in the least to be decided.
Any suit filed before the court seeking relief and remedy through legal recourse shall take its own time which cannot be predicted owing to various factors involved in it.
In the normal circumstances, it may take at least 3 to 4 years if the case is being followed up vigorously and properly, or else it may take more than 5 years too..