gift deed cancellation
lakshmanaraja
(Querist) 30 September 2009
This query is : Resolved
hello,
my grandfather had gifted me apiece of land which had been allotted in his name in the partition deed made between him and his sons--in feb 2002, and he had gifted me the same in november 2002 and it is a registered deed. i have the registered documents and have taken possessio of the land and have leased it out for agricultural purposesfrom nov 2002.i ampaying the land ta to govt of tamilnadu and i have the reciepts.but i have not changed the patta to my name.in november 2007 my grandfathers youngest son had influenced him and got the gift deed cancelled without my knowledge and executed a gift deed in his name the same day. it is stated in the cancellation deed that since i have not changed the patta to my name ,i was not interested in the gift and so he has cancelled the gift. my grandfather died in january 2007., and i came to know about the cancellation only recently. what shall i do., kindly advice me
Shivasurya
(Expert) 30 September 2009
Mr. Lakshmanraja, the answer of Mr. Prabakar is correct, you can file suit for declaration declaring the cancellation deed and the subsequent gift deed in favour of him as null and void against the youngest grandson of your grandfather, you can get relief
A V Vishal
(Expert) 30 September 2009
ONLY A CONDITIONAL GIFT DEED CAN BE REVOKED IF THE DEED IS UNCONDITIONAL EVEN THE DONOR HAS NO RIGHTS TO REVOKE THE GIFT ONCE ACCEPTED.
Sachin Bhatia
(Expert) 30 September 2009
Agreed with Mr.Prabhakar
Raj Kumar Makkad
(Expert) 30 September 2009
Once gifted and possession delivered, the right of the donor end in the property (except in some conditional matters, which are not present in this case)hence your gift is valid.
Swami Sadashiva Brahmendra Sar
(Expert) 30 September 2009
