cancellation of gift deed by an illiterate woman
PUSHPA
(Querist) 04 June 2017
This query is : Resolved
Greetings
My mom is an old illiterate widow and was bedridden in 2012 due to problem in her spinal cord and after treatment she can now stand on her foot. In 2012 my uncles wife asked my mom to give small plot of land to her daughter. As she was unable to walk, in good faith she gave it by putting thumbstamp on a piece of paper. I am the only daughter and legal heir to her property but my consent was not taken at that time.Now my mom willingly wants to transfer remaining property in my name and put fence around remaining property, we came to know that they have taken much more land than what they have told to my mom.And they are using the given ( gifted) land as an access to trespass into our property.
We tried to negotiate with them but just because I am a girl child,they are giving immense pressure on my mom to transfer remaining property in their name as they have sons.
We failed to negotiate against their narrow attitude towards girls specially me.
My mom curse the day when she had given the plot to them.
Is there any way possible to get the part of the property back???
As far as I know gift deed is must for transferring property in any ones name but my mom has only done thumb impression on a piece of paper and in no other documents (i.e. gift deed). On this ground can she cancel the gift deed (if it's made) unilaterally???
Rajendra K Goyal
(Expert) 04 June 2017
Whether the gift deed is registered, please check.
If not registered, it is not a valid gift, they have no title on the property.
Discuss with local lawyer and send legal notice to vacate the illegally occupied property.
Try to take help of police.
Hemant Agarwal
(Expert) 05 June 2017
1. FIRSTLY, any "immovable property" CANNOT be transferred, based on any Thumb-Impression non-registered document. This would be a criminal offence.
2. SECONDLY, take a registered POA from mother, and file criminal proceedings of Trespassing and civil proceedings for eviction, and based on the registered POA, legitimately transfer all the property in your name on the revenue records, immediately.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 05 June 2017
It is immovable property.
The gift deed has to be registered.
The donor has not appeared before registering authority.
The donor has not even signed any valid POA.
Kumar Doab
(Expert) 05 June 2017
Obtain latest mutation record from O/o Authority under whose jurisdiction property falls with all link docs.
It is felt that based on thumb impression on plain paper, property should not be transferred.
If your mother is not WELL request her to sign a valid/registered deed e.g; WILL (preferably registered), Gift deed, POA etc in your favor if she wants you to enjoy her property after her.
Kumar Doab
(Expert) 05 June 2017
Is she a Senior Citizen?
Kumar Doab
(Expert) 05 June 2017
Even if she is sick she may be mentally sound, to sign mentioned docs.
You may get her examined from a medical specialist preferably Psychiatrist and let the doctor certify she is mentally sound.
You are pitched against greedy relatives hence take all precautions and as suggested act ASAP.
