Property Act
A.R.P.S.
(Querist) 30 October 2009
This query is : Resolved
Father having a House which is his personal property as such very long back he had donated his house to his own two sons by executed a registered Donation Deed. But at present one of his son acting with cruel with his Father and tried to evict his father from his House namely the donated property.
So now the Father decided to cancel the said Donation Deed.
Whether he can execute a Cancellation Deed or he has to file a civil suit for cancellation of document?
Because it is a house property and right from the date of the execution of the donation deed to till date the donor namely the Father have been living with the donees.
Raj Kumar Makkad
(Expert) 30 October 2009
property once donated and symbolic possession handed over as execution of the deed then the donor has no right at all with the donated property subject to any condition contrary to this general provision mentioned in the deed. Better go through minutely in the donation deed and find out whether any such term exists there vide which donor shall be entitled to cancel the deed during his life time.......if yes then follow those conditions and if not then no chance to agitate.
A.R.P.S.
(Querist) 30 October 2009
Dear Sir,
Thanks for your kind response.....
Y V Vishweshwar Rao
(Expert) 30 October 2009
I agree with Mr Raj K Makkad -The Genral provision , is corret -Wether donor/father reserved any right with him to live in the said property till his life time / or/ are there any clauses for concellation of the Gift Deed in case of voilation of any stipulated conditions in the Gift Deed . The same has to be verified as suggested by Shri Raj K Makkad !
Khaleel Ahmed Mohammed
(Expert) 30 October 2009
You are requested to provide details of the gift deed with the religion of the parties.
A.R.P.S.
(Querist) 30 October 2009
Dear Sirs,
Thanks for ALL for your valuable and kind responses.........
Shivasurya
(Expert) 30 October 2009
You can cancel the donation deed by mentioning that your son had obtained the donation deed by way of fraud, coercion, misrepresentation and undue influence, refer Indian Contract Act.
adv. rajeev ( rajoo )
(Expert) 30 October 2009
U cannot revoke the gift deed.
Learned member Shivasurya advised that it can be cancelled as it is obtained by fruad etc., but in my opinion limitation comes in to play.
niranjan
(Expert) 30 October 2009
Mr. Makkadsir's advice is perfect, without going into details of the deed, it is too early to opine.
A.P.Manoranjan
(Expert) 30 October 2009
Doner has no right over the executed property.
Arvind Singh Chauhan
(Expert) 31 October 2009
Raj Kumar Sir presented perfectly. It depends whether there is redemption clause on in the deed.
