• Gift Deed though sub registrar

HI Sir/Madam,

My Grand Mother has gifted land (unconditional) to me thorough registration at sub registrar office in 2013. After couple of years due to pressure from my Aunty she has revoked the gift deed in 2015 from sub registrar office without intimation to me. I filed a case against the revocation of gift deed looping district and sub registrars and the case is pending with Honorable court from last 1 and half years.

Recently she has transferred the same property to my aunty again through sub registrar office.

Can you please help me if this is valid or not. If not how would you suggest me to take an action against them. Does she have right to revoke the gift deed and again gift the property?

Thanks,
Asked 6 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) once gift deed is executed duly stamped and registered your grand mother cannot revoke the gift deed 

2) your grand mother had to move court to set aside gift deed 

3) sub registrar ought not have registered the deed of revocation 

4) you will have to file suit to challenge subsequent gift deed executed by grand mother in favour of aunty 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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As per law and the transfer of property act, the execution of an unconditional registered gift deed cannot be cancelled unilaterally by the donor without the consent in writing by the donee. 
This is an irrevocable deed. 
The cancellation is not valid as per law. 
Any subsequent transactions or encumbrances are also invalid and not binding on you. 
Since you have already filed a suit in this regard, you do not have to take any other action on it or if you so feel you may bring the latest transaction also to the notice of court during trial.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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1. The gift deed cannot be revoked unilaterally  by the donor as the transfer of title is instantaneous. It seems that you have filed a suit for declaration of the cancellation deed as illegal. Prosecute your case fittingly on merits. 

2. The subsequent gift deed by her also has to be challenged.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
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Hi
 If she had revoked it convincing the Registrar by stating the reasons of undue influence or force,threat etc, which will be her defense in the court as well, then the revocation and the registration in another person name is legal, in  the normal situation .
Is there any injunction order you got  pending against the property since you filed the case, if so the second deed is illegal.

Since you have filed case challenging the revocation and the matter is pending the second gift deed the registration happened without court permission, so you should bring it to the notice of the court 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Registrar cannot register unilateral revocation of gift deed 

Gift deed can be cancelled with mutual consent of donor and donee 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Whatever you have heard about the revocation of gift deed is right.  
The sub-registrar has no power to cancel or revoke the registered gift deed, this is the rule or law, however due to the burden of work and pressures the sub-registrar may not be able to sift between documents that are to be registered hence the mistake of the registration of cancellation deed of registered deed generally goes on by mistake.
However any cancellation can be done only by the order of court the other way of cancelling is invalid and not binding on the donee if donor had unilaterally cancelled it without the knowledge or consent of the donee. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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1. It is correct.
2. No,
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
The gift made by your grand mother in your favour was an unconditional gift and not an irrevocable gift, therefore it could be revoked by her.
However in your case, since the revocation itself was challenged by you in a civil court and the matter was sub-judice during pendency of the case she could not have re-conveyed it in favour of your aunt, this can be set aside if the same is bought to the notice of the court by you, file a certified true copy of the Gift Deed made by your grand mother in favour of your aunt, implead your aunt also into the proceedings as a necessary party and add an additional prayer seeking declaration as null and void the subsequent gift made in favour of your aunt during pendency of the suit itself.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1) it is better you don't file any criminal case against your aunt 

2) it is your grandmother who has fraudelent my transferred property in favour of aunt during pendency of court case 

3) if any stay was granted by court then it would amount to contempt of court if grandmother fraudulently transferred property 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
The police generally do not entertain the civil matters.  
Also since you have already approached court for remedy, you do not have any ground to lodge a police complaint again and the police also may turn your compliant down.
Still you may try to satisfy your desire.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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No criminal case is made out as there is no apparent violation of penal law. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0

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