Name Transfer in E.C at register office

Querist : Anonymous (Querist) 27 July 2010 This query is : Resolved
Dear sir,
My grandmom gifted me her house in last year(unconditional gift deed), and i changed eb,house tax to my name. and i applied for E.C in register office and i found that name also has has transfered to my name from the date of gift deed made[ both of them living in same house].
now my grandmom cancelled the gift deed in register office.
My doubts are,
1.if i apply E.C again whose name will be coming? cancellation will be mentioned in that E.C
2.Whether i can able to sell the house at this situation(after cancellation of gift deed)?
3. Wat step shold i take now?

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Raj Kumar Makkad (Expert) 27 July 2010
1. Once a property gifted cnnnot be cancelled until and unless any term thereto is not connected. So the cancellation on the part of donor is illegal and as such you shall have not to face any problem in obtaining the EC.

2. Yes. As the cancellation itself is an illegal act and is not sustainable before the eyes of law.

3. You should get declaration from court that you are absolute owner in possession of the gifted property as no cancellation thereto can be made by donor once the donations is completed/accepted.

s.subramanian (Expert) 27 July 2010
yes. i agree with Mr.Makkad.

Madhav Dongre (Expert) 28 July 2010
If the Gift Deed is Registered and duly Stamped , it cannot be cancelled, unless obtained by misrepresentation or fraud. If you are not having original Gift Deed, Please obtain Certified copy from the Registrar of Assurances Office and keep the Index II extract of the Gift Deed with you for using occassioned.

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