Cancellation of Gift Registration
My father has done gift registration to his younger brother in 1995 without his knowledge. He was called for witness signature for other registration which his younger brother did to other people. Without his knowledge, his younger brother cheated my father and got signed in gift registration papers. There after, from 1995-2002/03 the pahani was under my father's name.Later, When he realized that the land was gift registered to his brother, my father has cancelled the gift registration by submitting an application for cancellation in the registrar office in 2002. Also, the gift registration stamp papers were bought by his brother only. The pahani and other records were on my father's name till Nov-2009. After that, without my father's knowledge again, the land went on to his brother's name. We have all the proofs that the pahani and other land documents have my father's name till 2009. My father has applied in RDO and MRO office on how the land was registered back to his brother. There was no proper response from their end and they are delayng the process. His brother works in AG office and is at higher cadre now. We have requested for his attendance for the month of Nov'95 under RTI act, when he got gift registration, as my father has doubt that he went to office that day and came in the evening around 5'O clock. As the revenue stamps were bought on his name the same day before 5, he cheated the govt too, as one person existence cannot be at 2 places(in his office and near stamps office) at one point of time. Can we get back the land on my father's name legally Can you please advice on how to proceed with this so that it will be back to my father as soon as possible, He is 60 and cannot make rounds around offices very often. Also, please advice on how we can get his attendance fastly as we have been requesting Vaidya vidhana parishat where he was working in Nov'95 with multiple letters. Recently, we have requested for his attendance to the Appellate authority , but there is no response. Please advice on this tool
Asked in Civil Law from Hyderabad, Andhra Pradesh
Hi, once the property had been gifted it can't be cancelled without the order of the court, and you can't cancel the gift unless and until order of the court it is better file a suit for cancellation of gift deed in the court and for other appropriate reliefs.
1) your father cannot cancel the gift deed made unilaterally without court order .
2) once gift deed is made duly stamped and regd your uncle would be absolute owner of property .
3) your father has to move court to set aside gift deed and for injunction restraining uncle from creating third party rights in respect of property
4) your father will have to explain delay in moving court of 17 years for necessary reliefs .
5) contact a local lawyer
We have given cancellation application in registrar office in 2002 and xerox copy of the cancellation and objection letter is given at our MRO office.MRO has given to my father "Stop the implementation" letter . Is it not enough. Also, which court do we need to go for. Is it RDO court or district court. Is there any specific category court for these type of illigations.
Asked 2 years ago
no it is not enough . you have to move district court to set aside gift deed on account of fraud
you will have to file suit in civil district court to cancel the said gift deed but ur case is time barred now as per limitation act.
Advocate, New Delhi
1. Your steps were wrong,
2. If you feel that a Gift Deed was got executed and registered fraudulently by your Uncle then your father was supposed to file a Declaratory Suit praying for declaration that he actually did not gift the property and the said Gift Deed execute and registered before the registrar was managed by your Uncle fraudulently. In the said suit he should have also prayed for a direction upon the registrar to cancel the registration of the said Gift Deed,
3. In place of taking the above steps your father has been writing to unauthorised people for relief,
4. Let your father file the above Decratory Suit now with an application for an order of injunction restraining your uncle to take any further step in connection with the said property including taking possession of it.
1. Possession of the gifted property is required to be taken after execution and registration of the said purported Gift Deed,
2. If your Uncle has not yet taken possession of it after so many years then, it will be a very important ground for your father to prove that the said Gift Deed is invalid.
Filing a declaration suit for cancellation of gift deed executed by your father due to fraud and without his knowledge is only the option.
Advocate, New Delhi
Hi, you have only remedy to approach the Hon'ble Court.
1. First of all file a case in civil jugge court for cancellation of goft deed on basis of misrepresentation, coercion. Gift can be cancelled by the donor at any time before his death or before his capacity to give gift.
2. You can file a case against your uncle for cheating but keep in mind that filing of this case is necessary in order to protect your right and cancellation of goft deed otherwise you should avoid it.
3 civil suit is the only option.
1. Gift deed, once made, cannot be cancelled unilaterally at the throw of a hat. Gift once given cannot be revoked unless if any condition is imposed upon the gift and in case that condition is not fulfilled. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded
2. The only legal remedy available to your father is to file a suit in the civil court for cancellation of the gift deed on the ground of fraud. Unless and until the gift deed is cancelled by the court it is a valid document of transfer of property which confers all the ownership rights in your father's younger brother.
1. Writing to the registrar is futile as registrar cannot cancel a gift deed. The letters sent by your father to the registrar would have been consigned to the dustbin by the registrar as a registrar has no authority to cancel a gift deed. Only a court of law can cancel a gift deed after it has been executed in accordance with the law.
2. Your father has delayed moving to the court. So the delay will have to be explained by him.
3. The city civil court will have to be moved.
You can't cancel the gift deed if it is needed to be cancelled you must prove the condition of giving gift is violated.file a case saying that your date of knowledge is now only.otherwise it will be barred by limitation