Kumaran 22 April 2016

Gift deed

Hello Experts,

My grandmother gifted me her land by unconditional registered gift deed without her daughter's knowlege. When they came to know about this, she just turned against me and told everyone that I cheated her by saying that Im buying a land in her name and need her signature. Luckly I have a video where she talks about the gift deed, so I showed all my relatives that she is just telling lies. Since my aunt also have legal share she want me to give back the land to my granny. So I just gave NOC witnessed by notary public that Im willing to cancel the registered gift deed. Even for the RDO enquiry I gave NOC letter and didnt attend it personally.

My question is this deed cancellation valid or no?

One of the lawyers said, there is no way we can revert/cancel the registered gift deed. The only way is that I write back a gift deed and register it to my grandmother. is it ture?

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5 Replies

(Guest)

If you are giving noc..it means the gift deed is void... Lawyer is exactly true

1 Like

G.L.N. Prasad (Retired employee.) 22 April 2016

You can deny that NOC was obtained through undue influence. But, the case is having it's own complications, as once a deed is registered , it has to be cancelled only through proper court or some other registered document that cancels the gift. A complicated issue that can be guided only by an Advocate. (Whether your GM has got the right to gift the property and legal heirs of that property jointly with her, how she acquired the property, who is occupying the property etc., are material)

G.L.N. Prasad (Retired employee.) 22 April 2016

Just stating that you are willing to cancel may not be binding and entire NOC wording has to be studied in depth, but as NOC is notarised and submitted before a competent official and you have avoided personal hearing, things may go agaist you also.

GANDHI MOHAN BHARATI (Pensioner) 22 April 2016

Without knowing complete details it is difficult to give an opinion. In as much as a lawyer has said that it can be surrendered only through another deed with Registration, it appears he is correct.

Anand Bali Adv. (Advocate Solicitor & Consultant) 22 April 2016

In every Gift there are two very essential elements one is Giving the gift and other one is Taking or receiving the gift. When a Gift deed is registered the acceptance to it is also noted and if the acceptance by way of actions like getting it transferred in the name of acceptor is there the gift is complete and in case the transfer of the property is not done by the receiver of the Gift the offer remains there to be fulfilled and it also can be denied either in writing or even by not getting it transferred to the receiver’s name. In case the receiver of gift denies its acceptance the thing (Property) remains with the giver only with the its original status.

So in your case the gift deed is there but no acceptance of it from your side that means the property will remain with the Granny only and after her demise the legal heirs of her will have all equal rights on it.

The law of once accepted forever accepted applies here.

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Supreme Court Of India