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Ramchander S (Mech Engg)     12 October 2014

Cancellation of gift deed

Would request enlightenment regarding the below. Thank You.


A and B are father and son respectively.


B when going abroad executed a GPA in favour of his father A in 1968. A has been acting on the basis of the GPA.

In the year 1998, A as POA holder executed a registered gift of agricultural land belonging to B in favour of C, his daughter. 

A died in 2005 and B unilaterally revoked the gift deed in the year 2007 and did not inform C. The revocation was registered.

Section 26(K)(i) was inserted to AP Rules under the Registration Act 1908, according to which a registered deed of conveyance can be cancelled by mutual consent only.

My query is
1. What was the legal position in AP prior to the insertion of 26(K)(i) and 26(K)(ii)? 2. Is B's unilateral revocation legally valid?
3. If the revocation of the gift deed is valid, is it from the date of the gift from 1998 or the revocation in 2007?


Learning

 4 Replies

naveenraj jain (proprietor)     12 October 2014

Being ignorant of law even im puzzled how can a gift deed be revoked unilaterally in 2007 as stated by u. Kindly spread light whether you have mistakenly put gift deed (word) instead of POA. Only POA can be revoked not gift deed unilaterally. But even POA revocation stands nullified if it is after the date of gift deed execution.

Ramchander S (Mech Engg)     12 October 2014

No, What I have stated is correct. The Gift Deed was revoked and not the POA.

I am not sure if the law supports it or not but a Revocation Deed was given by B and the Deed got registered.

So what I have stated in the first post is factually right. Hence my initial questions.

Advocate Bhartesh goyal (advocate)     12 October 2014

A gift deed transfers the ownership of real property to a new owner for no consideration. The former owner no longer has any authority over the property. It has a new owner. The deed cannot be "cancelled" by the former owner. A gift deed can be nullified by a court order for several reasons that include the following:

   .{1}   undue influence    

    {2}    fraud or forgery

1 Like

Ramchander S (Mech Engg)     12 October 2014

Thank You Bhartesh Goyalji for the clarity.


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