Giftdeed cancellation
Vijay kumar
(Querist) 16 February 2016
This query is : Resolved
Hi Sir/Madam,
I am vijay kumar. How to cancel gift deed. Actually my grandfather(father side) gifted to my mother through partition. she gifted her share to my father in may 2007. But unfortunately my father sold to someone as sale deed (as my father thinks it is GP) in December 2007, within a month my father filed case against him as he submitted false document in register office as sale deed . In this circumstances we lost case in 2013 and he took the property with another survey no of my relatives as he don't know the property where it has. And now in January 2016 he approached taluk office to survey his correct survey no. Is there any right my mother has to cancel my fathers gift deed?
my mother taken education loan in 2004 in favour of my brother that case also went to court in 2011 and bank has my mother's passbooks. if bank auction my land what will happened?
who has exact rights on land bank(in 2004), my father(in 2007), or the one who brought my land(in 2007)?
Guest
(Expert) 16 February 2016
Forget it. Both the donor and the donee should be the party to cancellation.
Rajendra K Goyal
(Expert) 16 February 2016
In the given facts it is very difficult to cancel the gift deed.
Vijay kumar
(Querist) 16 February 2016
@Devajyoti Barman Sir,
in 2004 my mother took educational loan,
after 3years my mother gift deeded the same land to my father(in 2007)
within a month my father sale someother guy, and went court as he is fraud my father and we lost the case,
in 2013 he won the case and possessed others land, they dont gave any notices to him.
in 2016 he went to taluk office for both passbooks and surveying his land.
if my mother cancelled my father's gift deed what will happen?
how to take my land back ?
Vijay kumar
(Querist) 16 February 2016
@PS Dhingra sir,
please explain in brief sir. is it possible?
Guest
(Expert) 16 February 2016
Mr. Vijay Kumar,
My reply was quite brief to explain what should be for cancellation. However, it is explained in other word that the person, who gifted and the person, whom gifted should be the signatory parties to the cancellation deed.
Vijay kumar
(Querist) 16 February 2016
@ PS Dhingra Sir,
Thank you very much Sir for your valuable reply to me ...
Vijay kumar
(Querist) 17 February 2016
@PS Dhaingra Sir,
but my father already sale deed to some one, so is his (someone's) document valid or not?
kavksatyanarayana
(Expert) 17 February 2016
as you mother gifted a property to your father and as a legal owner your father sold that property to some one. hence no the gift deed cannot be cancelled. if the both the donor and donee cancel the deed, it is not valid.
