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jeyanthikumari (clerk)     07 June 2012

Gift settlement deed can be cancelled

My husband gifted a house to me through Gift Settlement Deed. And in the document the word that the deed was gifted through his own willing and knowledge and the same cannot be cancelled by him on any circumstances. The Document was registered in the register office.

The same property was gifted to my mother in the next year. The  EC shows all the above details.

The EB and Property Tax name was also changed in my mother name.

Whether the gift settlement deed can be cancelled by my husband now. if so, on what grounds the same can be done. pl explain in detail.



Learning

 1 Replies

M V Gupta (Advocate)     08 June 2012

On the property beig gifted to u your husband ceased to be the owner of the property and hence the second gift deed is null and void. He may execute a deed of cancellation duly accepted by your mother on the ground that the property did not belong to him as it was laready gifed to u and that the gift in favor of ur mother was done by oversight. This deed should be stamped and registered at the same subd registrar's Office where the second gift deed wqas egistered. Theeafter entries in the municipal records etc sjhould also be changed.

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