Gift registration cancellation
Sri Rushikesh
(Querist) 26 March 2016
This query is : Resolved
Dear Experts,
One of my uncle(friends father) registered property by gift deed to his 2 daughters without intimating to my friend.The property was a building with 3 floors & self acquired by my aunt who got expired 2yrs back due to some health problems. A 10/- Rs stamp paper is available with my uncle mentioned that the property was purchased by my aunt some years back No registration was done in the name of my aunt at that time purchasing.Ground floor was registered to small daughter, 1st floor was registered to 2nd daughter & 2nd floor was unregistered, Still now his daughters are leaving in the same city in a rental accommodation & are not occupied the property by any one, the whole building was given on rent & rent was collecting by my uncle.One more thing after registering the above mentioned property the gift deed registration documents was collected by uncle and kept with him & atleast a xerox copy is not given to his 2 daughters, No specific conditions are mentioned by my uncle in the gift deed. My friend in residing in different city by doing a private job.After completion of registration a application was given in municipality enclosing reg documents copies to name change in property gifted to his 2 daughters.Due to some reasons the names are not changed in municipality records.But now due to family mis-understandings and quarrels between my uncle and his small daughter now my uncle wants to cancel the gift registration.
Now My queries are:
1) What are the rights of my uncle to cancel the gift deed?
2) What are the right of my friend to avail the property share?
3) What are the rights of uncle's daughters in the property, after gift deed registration?
4) Is it possible to revoke the gift deed registration by my uncle, which the property was not self acquired/ earned by my uncle?
5) Is it possible for my friend to take any legal steps to avail property share rights now?
6) Last question my uncle want only to revoke the gift registration of his small daughter is it possible?
P. Venu
(Expert) 27 March 2016
The query lacks clarity.
Rajendra K Goyal
(Expert) 27 March 2016
It seems that the aunt was not having any registered and absolute title of the referred property, hence all related documents need to be referred, consult local lawyer and discuss.
However, if we consider that the property was in the name of aunt(aunt was absolute owner), on the date of her demise (if intestate), property would be inherited by all her legal heirs equally.
Father can gift only his share in that case and not full property. Once gifted, gift can not be revoked till set aside by court on technical grounds or otherwise.
