Gift deed cancellation

Firstly you have not stated whether the gift deed is registered or not.

Secondly you have not stated the contents of the gift deed executed first.

Thirdly a gift deed executed duly before the Sub registrar cannot be revoked unless it is a onerous or conditional gift.

Fourthly the gift cannot be revoked unilaterally by the donors.

Fifthly the will executed later can be null and void even if it is registered since the donors after gifting the property lose title thereof.

Clarify the points for further advise in the matter.

In the court of law, points against Mrs. C to lose her case are -

1. She will have to prove that she has accepted the deed and taken possession of the property, which she cannot, as today, the property is not in her possession.

2. Why she has not initiated the process of taking possession, she cannot explain.

3. Why she has not filed civil suit to get the cancellation of gift cancelled?

4. Why she has not published notice in newspaper that she is the real owner of the property and nobody should enter into any contract with you ?

5. Why she has not intiated the allegation with the bank authorities to get the mortgage cancelled?

deepak.kharpudikar@gmail.com

Dear Experts,

Thanks for the views, and also to prove that gift is not accepted by Mrs C.

The property which is in dispute between C and X . Earlier their is another property with equal rights to both C and X and that property has been sold 10 years back and the good point is the current property which is in dispute by C is on the west side boundary of the property they sold and in the sale deed it is mentioned that in the west side the property of X is their while specifying the boundries of the property which is being sold. Specifically name of X is mentioned.

And C happily signed the sale deed with full knowledge and now can we show this point in court that she knows that X is haiving the right to the property and she doesn't have any right as the gift deed is cancled as she disowned the gift.

And also how can she claim as their is only one donee is alive and even the donors all dead except one, i read that one donee out of group doesn't accept then gift deed becomes void.

How can she prove that donee who 's dead has accepted the gift.

Thanks and Regards

sreedhar

Dear Sir,

Actually the Gift Deed is registered but its not accepted as the gift deed is not delivered as well as the possesion is also not delivered  and out of the two donees one died after that the gift deed has been canceled.

I think if one of the two donees dies before accepting then the gift deed becomes bad and their is no evidence to prove the possion or posseing the actual gift deed to calim the acceptance.

And that to they are claiming the gift now after 14 years of A death and from sixteen years Miss X is in possession and also she has everything on her name property tax, electricity and also she has mortageged the property twice for her financial needs.

The above things prove that Miss X is in possesion of the property. And also please see my other reply for how we can prove that Mrs C is aware of gift cancelation and also she accepted the ownership of the X for the current disputed property.

Thanks and Regards

Sreedhar

In the given facts, there is no gift in the yes of law favouring C so she cannot claim any right over it and things settled since ling cannot be now disturbed at her own sweet whims and wishes.