• Land transferred as gift deed, registration cancelled

My paternal grand mother transferred agriculture land onto my brothers name with gift deed signed by both parties. My brother applied for registration after 6 months and only came to know that registration was cancelled on the request of my uncle (my dads brother). My grand mother is now influenced by my uncle and changed her stance. We filed a case in high court and the case is pending since last year. Now we came to know recently that my uncle has secretly registered that land onto his name while the judgement is still pending in court! Can someone suggest how to proceed? Can we take criminal action against him for proceeding further without high court judgement?
Asked 6 months ago in Property Law from United Kingdom
Religion: Hindu
Did you not seek injunction against your uncle to prevent him from creating third party rights? If the answer is in negative then it was a flawed decision. The mere filing of the suit does not operate to prevent the transfer of title, there has to be a stay order passed by the court. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
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A criminal case cannot be filed for this fraudulent act by your uncle. Instead you can bring it to the knowledge of the court by filing another  petition to reopen the your side evidence to enable you to file the additional documents on the subsequent developments especially which has hampered the trial of the case and contradicts the law as he had encumbered the property during lis-pendens.'
Consult and discuss with your advocate on further moves in this regard.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
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In certain deeds, date of execution and date of registration may vary this is because the Act stipulates time limit for registration of the documents. For the non-testamentary documents such as Sale Deed, Gift Deed, Mortgage Deed etc, the time limit within which the document has to be registered is four months from the date of execution.  If for unavoidable reasons, the document could not be presented for registration within four months from the date of execution, registration can be done on payment of fine prescribed under the Act, which will be ten times the amount to be paid as registration fee.
Thus when your brother presented the gift deed document for registration after six months of its execution, the registrar rejected it.  Your brother might not have asked the reason for rejection or would not have been ready to pay the penalty for registering the same with penalty.  This situation favored your uncle who secretly played the game to get it registered on his name. Your grandmother who was influenced by her son joined in the fraud game played jointly by both. However in my opinion the act of registering the property in his name by your uncle  is legally valid hence see how far you can succeed in this case or whether the whole process may be a waste exercise or whether you are fighting a losing battle.
I dont mean to discourage you by saying so but asking you to analyse the issue and weigh the pros and cons.  Plenty of false hopes may be given by many including your own advocate but it is time for using your own prudence on this issue. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1) once gift deed is duly stamped and registered title of land passes on from grand father to your brother 

2) grandmother  cannot unilaterally revoke the gift deed 

3) if suit has been filed in HC challenging unilateral revocation of gift deed and court has passed stay order land could not be regsitered by uncle in his name 

4) you will have to amend the plaint and challenge further transfer made in uncle name
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
please clarify whether court had granted any stay order restraining further transfers or not 

2) if stay order had been passed your brother can take out contempt of court proceedings against grand mother and uncle 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
The gift deed is irrevocable if it is unconditional. The donor has to file a suit for cancellation of gift deed. The registrar does not issue a notice to the donee before registering the cancellation deed. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1. When your grandmother had executed the gift deed, it was required to be registered by her by visiting the Registrar's Office,

2. Was the said gift deed registered? If yes, then how was it cancelled? Who cancelled it and on whose order? Was there any Court order directing the Registrar to cancel the said registration of gift deed?

3. You have filed a case in High Court for what? What is your prayer in that case? Answers to the foretold queries are required to answer your properly,

4.However, the Registrar can not refuse registration of a deed unless there is a stay order to that effect.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Registration of deed can not be cancelled by the Registrar unilaterally being influenced by your uncle,

2. Have you been informed about the said cancellation? Was it cancelled or was not registered at all?

3. Challenge the cancellation of the gift deed by the Registrar and further registration of the same property in the name of your Uncle,

4. You can make a search in the Registration office to find out whether your Uncle has registered the said property in his name or not.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1)gift deed cannot be revoked unilaterally by donor 

2) since court has directed maintenance of status quo gift deed could not be executed by grand mother in favour of uncle . it is contempt of court 

3) brother should take out contempt of court proceedings against grand mother and uncle 

4) also seek orders from court restraining uncle from selling the house 

5) generally court directs maintenance of status quo  till suit is disposed of 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1.  As per law a registered gift deed cannot be unilaterally revoked or cancelled by the donor without the consent of donee.  Both have to jointly execute the cancellation deed before the sub-registrar otherwise the donor has to approach court of law for an order to cancel this on the basis of the pleadings made therein.  The revocation done now is invalid.

2.   If there is no restraining order from the court the other party may do such mischief under the guidance of an experienced advocate who for the sake of something will misguide the parties into such illegal acts.  Moreover when your uncle has decided to do only illegal acts, who can stop him, he only has to face the consequences thereon.



3.  Firstly there was no need to file a writ before high court because a suit for declaration and possession before the lower court along with an application for interim injunction restraining the opposite parties from further alienating till the disposal of main suit would have been a proper remedy, so since he has approached court under the guidance of an advocate seeking some relief, let him proceed on the same line and wait for the court result.


4.  He should have filed one already, why did he not?


5. You have not stated that the status quo has been vacated or has become infructuous.  If so, then the uncle can very well proceed with the registration though it is invalid. He has not committed contempt of court. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. The sub-registrar is to only register the document, which is what he has done. He cannot refuse to register the document which is presented for registration before him if it is sufficiently stamped.

2. In the absence of a stay order your uncle is free to register the land.

3. Prosecute the case in the court.

4. You cannot file a writ and suit simultaneously as to have overlapping prayers. Now wait till the decision of the writ petition.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1. Was the Gift Deed executed by your Grandmother in favour of your brother registered? If not then unregistered Gift Deed has no legal value. A registered unconditional Gift Deed is irrevocable,

2. If the Gift Deed in favour of your brother was not registered and there is no stay order passed by the Writ Court, then your Grandmother can execute and register a Gift Deed transferring the title of the said property in favour of your Uncle. Since there is a status quo order, the property can not be dealt with,

3. If the Gift Deed was registered in his name, he can file a suit challenging the registration of the property in favour of your Uncle or challenge it in the bsaid W.P. itself,

4.  Draw the attention of the Writ Court about the said registration in favour of your Uncle praying for a direction upon the Registrar to cancel the said registration,

5. Yes, if the status quo order is not extended and there is no status quo order, the property can be dealt with by your Grandmother unless the Gift Deed is not registered in favour of your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
if property is transferred after status quo order of the court this act is regarded as contempt of court. you should file a contempt petition before the high court. 

this writ gave you a chance to avail other recourse which is available in law. you have to file a suit against revocation of gift deed, challenge validity of cancellation. trnasger of property in the name of your uncle gives a valid ground of inference that revocation is not bonafide. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0

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