Can a gift deed cancelled after donee sale the property to others
I am purchased a land from lagishetti prakash for a consideration as he said
the registration process is completed as per registration act.
now the lagishetti prakash and his father intentionally cancelled there gift deed and sold to lagishetti prakash's father in law
all his family members are involved in this issue and playing with my life in the revenue records lagishetti prakash name is as property holder
how can his father cancelled the gift deed
is there gift deed and sale deed is valid?
what step i have to take ?
please send me your valuable suggestions
Asked 4 months ago in Property Law from Karimnagar, Telangana
1)file police complaint of cheating and criminal breach of trust against the seller under section 406, 420 of IPC
2) once sale deed is executed by the donee he cannot with he consent of donor cancel the gift deed
3) file suit for declaration that you are absolute owner of the property
4) also challenge the cancellation of gift deed and subsequent sale
As long as the gift deed is not cancelled by mutual agreement and make registered cancellation deed for the gift will be valid.
And also gift can be cancelled through an order from court.
If the father has not cancelled the gift through the above stated ways, he had no title to sell and the sale is illegal.
You should first file a police complaint against both father and son for fraud forgery and cheating etc.
Then you should also aproch a civil court with a suit for possession and also seek compensation.
Your seller or the one who had gifted the land to him ceased to have right,title or interest in the property after the same was sold to you. So there is no question of the cancellation of the gift deed.If you are in possession of the land that you bought from lagishetti then enjoy your land as your title cannot be extinguished.
1. Registered gift deed which has been validly executed can not be cancelled by the Donor.
2. The second sale of the same property by cancelling the gift deed is illegal.
3. Has the said cancellation and second sale of the same property been registered?
4. I wonder how it has been allowed by the Registrar to be registrar.
5. File a criminal complaint against the seller and the executor of the gift deed.
6. Also file a declaratory suit claiming for a declaration that your sale deed is valid and the second sale deed is invalid for the illegal cancellation of the registered gift deed, also praying for a direction upon the Registrar to cancel the registration of the second sale deed.
If the property was purchased by a registered sale deed by you, then ou are the absolute owner of the property
The cancellation of gift deed shall not bind you.
You can apply for mutation of records on the basis of ale deed in your favor.
If the authority refuses then you may file a sit for mandatory injunction against the authority seeking direction to transfer your name in the revenue records ion the basis of registered sale deed in or favor and also to cancel the cancellation deed canceling the gift deed and to declare your title. You can implead the tahsildar, and the other parties as parties to the suit.
Simultaneously you may lodge a criminal complain against your vendor for cheating offences.