(Guest)

Cancellation of gift deed

Hi everyone,

I am New to this group and joined it as I need to cancel a gift deed. My maternal uncle has forcefully made my mother sign on a gift deed, which stated that she is transfering her share of property on his name.

The gift deed states that my mother and my maternal aunt are gifting him their share of property. Though he was successful in getting my mothers signature ,but my aunt did not sign on the same. He commisioned the registrar and she identified my aunt and mentioned her as executant and transfered my mother's share of property on my uncles name.

My aunt was no where party to the whole process. Please suggest how can I get this cancelled.

Thanks & Regards

Gargi

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9 Replies

adv.bharat @ PUNE (Lawyer) 19 August 2016

U need to do registered cancellation deed for the same along with consent of ur maternal aunty.

If u like my suggesation then give THANKS on my LCI profile.

(Guest)

What is the process of the same. I have the full support of my Aunt.But I have been told even fr cancellation I will Need the signature of my uncle. Please help.

we are filing a criminal suit under section 146.

Kumar Doab (FIN) 19 August 2016

Gift cannot be cancelled without consent of donor and donee.

Revocation of deed is thru court.

(Guest)

How much does a criminal complaint helps.. also what are the chances of cancellation.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 August 2016

A criminal complaint as well as a civil suit should be file simultaneously. The remedies tio both are very important. FIle a declaration suit to have to said gift deed declared and null and void. You need not seek cancellation as the same would involve you having to poay court fee. Declaraion should suffice as you are not party to the said document. You may contact me if you need judgements to the said effect.

A criminal case is also equally and efficacious remedy. Your aunt should agree to be a witness or the complainant as part of the same.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

G.L.N. Prasad (Retired employee.) 20 August 2016

@Augustine Chatterjee: The best and most client friendly advice and more practical.

(Guest)

Dear All,

After all ur suggestion I am proceeding with an criminal complaint and then civil as well.

Thank you so much.

(Guest)

Hi everyone,

I did filed a criminal complaint however the complaint has been filed under section 200crpc instead of asking the police to investigate.. I wanted to put pressure through the police on my maternal uncle to gift back the property. Now after this decision I would want to know what can be done next.

My lawyer has also suggested a civil suit however looking at the time that a civil suit takes to get resolved I am not very hopefull about the case..Please suggest.

Thanks & Regards

Gargi