Can a registered partition deed & gift deed be cancelled with consent of all the parties involved ?
Bijumon
(Querist) 02 June 2013
This query is : Resolved
Dear Experts,
May I request your valuable advise on the following queries/matters, please :-
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State : Kerala, India
Background : Christian Ancestral Property - to be divided after death of father.
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Reason for cancellation of the Deed NOW is because the earlier/existing Deeds were executed and Registered without involving one Legal heir (son) and now the parties want to correct the mistake they did earlier by executing a fresh deed by cancelling the previously executed Partition & Gift Deeds. That means involving all the legal heirs of the Ancestral property.
(1) Can a Registered Partition Deed & subsequent Gift Deed be cancelled with the consent of all the parties involved in the deed?
(2) Since this is matter between the families, is there any need to pay StampDuty as per market value?
(3) Can this be corrected and registered with the concerned SubRegistrar office OR do we need to take any permission from any other departments.
Awaiting your reply, please.
Thanks & Regards,
Biju
Nadeem Qureshi
(Expert) 02 June 2013
you should contact a lawyer in your AREA
Bijumon
(Querist) 02 June 2013
Dear Experts,
I would request all you to please let me know the process involved regarding the cancellation of Deeds.
Awaiting reply please.
Thanks
Biju
Devajyoti Barman
(Expert) 02 June 2013
1. It can not be cancelled though the property may be gifted back to the donor again.
2. Yes
3.Yes
Raj Kumar Makkad
(Expert) 02 June 2013
I slightly differ with the opinion of the experts.
As the property was ancestral hence the same would not have been gifted and settlement thereto would not have been executed without involvement of one of the coparceners (son) hence the same can definitely be got set aside if a civil suit thereto is filed by such son before the proper court of law and because all other parties also want to get it cancelled, they may consent to the suit. Thus the desired relief shall be provided.
You need not to incur stamp duty for the purpose of setting aside the gift.
