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ravindranth   27 May 2016

Gift deed was cancelled unilaterally if it is possiable or n

Hi. My father was gifted aagricultral land  property by his younger brothers  in July, 2007 through Registred in ap Registration office. And in octoember , 2015 the gift deed was cancelled unilaterally in another registration office . We had no idea how it got cancelled.  my father  name was already filled in itheAp land  Revenu Department, and also we taken the land pass book from R.D.O of Revenue Department. That Property was 100% settlement land   Then we filed a Writ Petition in the civil  Court,and District Collector Office  questioning how can a registered gift deed be cancelled unilaterally by the registrar. The judgement is pending. Need to know, what the law says. Are we going to win the case?  please suggest me . may i know what are sections and act involued to done the gift deed cancellation process. That property was purchased by grand father. After dead of my grand father that Gift Deed registration was done.that gift deed was unconditional gift deed and property was agricultral land. They mentioned in the  deed my elder brother was unempolyee so family expenses need we  transper the property rights.my father brother are indian Railway empolyees.

 

 



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 11 Replies

Kumar Doab (FIN)     27 May 2016

You have mentioned about;  a gift deed, a settlement deed and a Writ.

Agriculture is  a state subject.

There can be conditions atatched with gift of agricultural land.

 

Recently a matter pertaining to Gift in Karnataka has been discussed at:

 

https://www.lawyersclubindia.com/experts/Land-gift-deed--600191.asp

 

 

You can take cues from it.

 

Your able lawyer specializing in family/property/revenue/civil matters and well veresed with local laws and that has examined all docs on record can advise you the best.

 

 

P. Venu (Advocate)     28 May 2016

You could have obtained the reasons for cancellation under RTI.

ravindranth   29 May 2016

Thank you  very much for Response and Valuable Information. That gift deed is 100% settlement deed . In that gift deed any conditions not mentioned. only mentioned as donee was unemployee and donar was goverment empolyee. The donee  life expenses purpose that property gift deed done.my land  in Prakasam DT, A.P. Thanking you sir,

Kumar Doab (FIN)     29 May 2016

The court be approached by Donor to cancell the gift deed.

It so happens that Tehsildar just registers, as tehsildar can't canell the gift deed.

It the deed is registered by tehsildar then also it may not stand cancelled.

It has already been pointed out that agriculture is state subject and the gift ofg agiriculture land is subject to  state rules.

You have not gone thru the thread suggested above and have not related the matter with rules as in your state.

 

Your able lawyer specializing in family/property/revenue/civil matters and well veresed with local laws and that has examined all docs on record can advise you the best, and further.

 

ravindranth   04 June 2016

Respected sir,

Thank you  very much for Response and Valuable Information. 

  May i know one judgement of Civil Writ petition NO:22160 year:2011 of A.P HIGH COURT, HYDERABAD. Because of that judgement also related to my Gift deed problem. please give me information above mentioned number.

Thanking you sir,

 

Kumar Doab (FIN)     04 June 2016

Apply for certified copy.

ravindranth   04 June 2016

Dear MR. KUMAR SIR,

    where to  apply for that certified copy  and under what basis that copy will come.please give me information.

Kumar Doab (FIN)     05 June 2016

Visit the copy branch in court.

Or let your lawyer get a copy for you.

 

ravindranth   26 June 2016

Dear sir,  may i know the validity of plain paper note without wittness was present  only oral note written in plain legal paper. That paper written in 2009 with out wittness and stamp duty. That paper will be evidance as base of evidance act.

thanking you sir,

 

ravindranth   26 June 2016

Dear sir,  may i know the validity of plain paper note without wittness was present  only oral note written in plain legal paper. That paper written in 2009 with out wittness and stamp duty. That paper will be evidance as base of evidance act.

thanking you sir,

 

Kumar Doab (FIN)     26 June 2016

In your last post you have posted that:

 

"may i know the validity of plain paper note without wittness was present  only oral note written in plain legal paper. That paper written in 2009 with out wittness and stamp duty. "

 

In your first post you have posted that:

"My father was gifted aagricultral land  property by his younger brothers  in July, 2007 through Registred in ap Registration office. "

 

What is this? Both are contradictory.

 

The gift deed should have been registered.

 

It has been pointed out to consult an able counsel.

Have you consulted?

 

Your able lawyer specializing in family/property/revenue/civil matters and well veresed with local laws and that has examined all docs on record can advise you the best, and further.


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