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tatta seshu raghavacharyulu (ship manager)     13 August 2011

Gift deed cancellation by sub registrar

Dear Lawyers India

 

Greetings

I am NRI, Profession Marine engineer, since 1982.

Earnings started after Engineering graduation, 1980 and sending money to Father since then.

My father acquired properties some on my mother's name(Brought from mother's mother and registered as GIFT deed) and some on his name (Agri Lands) and some in my name.

in 2008 mother passed away, he transferred mother property on his name with a will written by mother and Notarized the will when my mother alive.

in 2009, as he was getting old about 84 years, at that time, I got it transferred the landed property on my name and my son"s name in the form of GIFT DEED.

For some days it was normal, however, with influence of my younger brother, my father wanted to take back the agri lands on his name. He went to sub registrar and applied that I am cheating him and get back the lands.

the GIFT deeds are unconditional and no clauses added. the Gift deeds registered in Sub registrar's office in 2009 after paying the stamp duties and the formalities.

in 2011 July my father managed to get the registrations cancelled from the sub registrar.

The Question-

1.  WHat I have to do now to prove that earnings are mine. I have some bank statements in support of funds transferred to him.

2. some sent in cash for which i do not have any proof.

3. My brother filed a suit in district court that mother's property shall be shared by him and Will acquired by my father is not valid and I think my father may support him. The notices sent was not received by me because of my stay overseas. They made a publication in a local news paper and all this has been done very secret and my father after receiving summons exparted himself in this case. now this case is final call on 30th August which we learnt through our appointed advocates.

4. How I can prove that the GIFT deeds are genuine and registered, how a sub registrar can cancel the deeds unilaterl without any information to us.

5. How I have to proceed to prove my genuine approach and my father and brothers are cheating me with illegal deeds.

Appreciate your reply and any further clarifications shall be provided.

 

kind regards

 

 

 

 



Learning

 3 Replies

Mohandoss.R. (Assistant)     25 August 2011

Dear, Please note: (i) Gift Deed, once executed can NOT be cancelled, and even if it is cancelled, it will NOT stand. But, the cancellation becomes VALID (i) if he had retained a clause/right to do so in the Gift Deed; (ii) if the possession of the Gifted property is not handed over to the Donee. For holding the Gift Deed VALID, following six elements of Transfer of Property Act have to be fulfilled. (

 

Section 122 and 123 of Transfer of Property Act);

i) the donor -                                 

(ii) the donee -                              

iii) the absence of consideration/payment of money -

(iv) the subject matter –              

(iv) the acceptance of gift - 

(v) the delivery of properties -                 

 Now, you yourself can examine the stregnth of your side of the case. R. Mohandoss, a sufferer like you.

 

tatta seshu raghavacharyulu (ship manager)     06 September 2011

Dear Sri Mohan Dass

 

Greetings

Pleased to see message from you as sufferer like me. Thanks for your reply. well as per the 6 clauses you have mentioned are really worth of it.

In my case my father is managing all of my properties including the GIFTED ones. In this situation I am using my father as my manager and till to date he is continuing it.

Now the dispute started from his side and local lawyers advised me to file a declaration suit. In the cancellation application my father has written that he handed over the properties and and wish to take back.

Here the concern is "LOST TRUST" of own father who enjoyed my earnings last 30 years and playing like this.

Looking forward for a court settlement and trying to prove that all funds provided by me to him for buying these lands.

 

I really appreciate your reply once again and hopefully this is the best way to settle the matters.

 

kind regards

Chary TSR

 

Mohana Varma (FAMILY COUNSELOR WOMEN EMPOWERMENT TRAINING TECHNICAL CONSULTANT)     28 July 2014

Dear Seshu,

Have you filed a writ petition or a civil Suite.

for a writ petition(s) filed by me during Oct of 2012 is pending at HC.HYD along with a batch.

Hope we need to fight in unity rather than on individual basis so that the SRO's shall not commit the mistake in continuation.

Mohan


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