Gift settlement deed cancellation
karthikeyan
(Querist) 22 August 2011
This query is : Resolved
my father gave me property by gift settlement deed registered on 6.8.2006. he cancelled it by the next day itself.actually he got this property by family property partition. i'm paying property tax and gave it for rent and have a rental agreement on my name till date. last month he sold that property to someone which is registered. can any one help me how to restore my document and get back my property.he's in immoral side sold many properties and destroyed most of our properties. this is the final one i saved. plz any one help me to save my property
Devajyoti Barman
(Expert) 22 August 2011
If it was gift deed then the donor can not cancel the gift once validly executed and registered.
File a suit for desecration of the subsequent deed as null and void and for injunction fast.
ajay sethi
(Expert) 22 August 2011
i agree with mr barman . act fast engage a local lawyer
prabhakar singh
(Expert) 22 August 2011
As your father gave you property by gift settlement deed registered on 6.8.2006.
He had no right to cancel it at all.
If he wanted not to let it go,he had only one right to get it set aside by a decree of civil court on proving the fact that his consent to gift was obtained by fraud,coercion or undue influence played upon him by you.His right to file a suit expired on 6/8/2009.
The GIFT is now Absolute.
you need nothing to do or to file any suit as you have constructive possession through tenants,is my opinion.
I am looking from this angle that a gift forth with transfers all ownership right like a sale deed in favor of donee. So if ownership stood transferred on6/8/2006,what right he had in the property on 7/8/2006.NOTHING.HIS CANCELLATION DEED next day is WITHOUT ANY legal CAPACITY and not enforceable in law..
This is why i do not agree with opinion of Mr.Burman/or Sethi.
karthikeyan
(Querist) 24 August 2011
thanks a lot. but want to know how long it'll take to get the judgement from the court. i want to sell that property as soon as possible
