Giftdeed procedure
Shankar
(Querist) 07 March 2014
This query is : Resolved
Dear Sir,
My Grandmother[ mother's mother] gifted her house[ self earned] to my mother and me[grand son] and it was registered.and then she cancelled the gift deed and then made the sale deed to his son in law. so we filed a case agaist the sale deed. now my question is ,
a. whether gift deed can be made to grand children? it is valid ?[daughters son]
b. How strong is our side aginst sale deed?
Guest
(Expert) 07 March 2014
Agree with Shri Barman.
Shankar
(Querist) 07 March 2014
Thanks sir
malipeddi jaggarao
(Expert) 08 March 2014
A registered Gift Deed cannot cancelled except under special circumstances. Your case is strong.
Shankar
(Querist) 08 March 2014
Dear Sir,
before executing the sale deed , my grandmother cancelled the gift deed two times in register office, which we are not aware.
ajay sethi
(Expert) 08 March 2014
once gift deed has been made and it is duly stamped and registered your grand mother ceased to be owner of property . she could not cancel the said gift deed unilaterally at registrar office . better obtain copies of said deed executed in registrar office
Rajendra K Goyal
(Expert) 08 March 2014
Gift deed once made can not be cancelled without the consent of all and that also through procedure.
R.V.RAO
(Expert) 09 March 2014
strongly agree with sri ajay sethiji.
V R SHROFF
(Expert) 09 March 2014
Gift Deed cannot cancelled
Shankar
(Querist) 09 March 2014
My grandmom is a senior citizen [ Age is 84], is there any concession in court for her to win the case?
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Age has got nothing to do with the law. All are equal before the eyes of law. Your grandmother's action of cancelling the gift deed is invalid, you may file a suit seeking declaration to nullify the cancellation of the gift deed. Additionally, you may even seek cancellation of of sale deed made by her in favor of her son as it is invalid and sham.
Shankar
(Querist) 08 November 2017
Thanks for reply. we have filed a suit for permanent injunction and against sale deed to be null and void. is it ok?
opposite lawyer questioned us that , we didn't filed a suit againt cancellation of gift deed . so we don't have right to file a case against sale deed. also he stated that within 3 years we need to challenge the cancellation of gift deed , or else it would be favour to opposite party. please clarify
