Gift sale deed can be revoke
sudheer
(Querist) 29 December 2011
This query is : Resolved
sir,
for mother there 6 brothers given 3 acres of agriculture land by register gift deed signed by all 6 brother in 1986 (the original gift deed kept with them only ,they have not given to my mother )..recently in 2009 my mother given to me by register gift deed registration over (without having original gift deed) the same said in the registration deed also.. she is not having original document at the of registration)i have taken pat-ta book, pass book,also....now my mother brothers given me court notice ...saying that ..this was illegal registration, because the elder brother (among 6)(expired 5 years back) was not willing to register the land to my mother.so the registration is illegal? so, now what i should do ? weather my registration stand"s ?? if any previous judgement u have can u post me sir
Advocate. Arunagiri
(Expert) 29 December 2011
Your query is not clear. in some places you say the gift deed is registered, in some places you say it is not registered.
If the gift deed is signed and registered by all the competent persons, it can not be revoked.
Mohan munjal advocate
(Expert) 29 December 2011
What pleading taken by your mother's brother in suit, not clear in your query.
If you prove in your evidence that gift deed executed & registered without forgery & undue influence, then gift deed can not be revoked.
Advocate M.Bhadra
(Expert) 30 December 2011
According to sec.122 of the Transfer of Property Act gift once executed can not be taken back,some exception to this act if there was any fraud,misrepresentation and coercion happened at the time of execution then Gift Deed may be cancel/revoke by the order of Court.So defend the suit by proper evidence.
prabhakar singh
(Expert) 30 December 2011
It is not safe to reply you as facts put by you are not clear.
Rewrite your facts clearly about both gifts.It appears in the first gift your mother has got as donee but does not have the deed and now your mother has gifted you.
But who are donors of gift to your mother not clearly told by you.
Is the Gift made in 1986 is in favor of your mother by her 6 brothers?
If gift of 1986 is registered then you can obtain its copy from the sub registrar paying copying fees.And if it was registered and your mother name is mutated in revenue records then no problem.Apply for mutation of your name on the basis of gift made by your mother in your favor.
Deepak Nair
(Expert) 30 December 2011
Please provide further details for appropriate answers.
Dr J C Vashista
(Expert) 01 January 2012
I agree with Mr. Parbhakar Singh;
Gift is irrevocable, hardly matters original, if registered.
Make your point clear about subsequent events. Engage a lawyer for further proceeding
