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pruthviraj   02 January 2018

How to cancel gift deed given with consent and no pressure

sir, my query is about two brothers, were small brother (murali) in belive of protecting his share of property gave all his share of property to Elder brother (kiran) as Gift Deed  8 years ago (in  year 2000), Recently  small brother (murali) came to known that his property 400 sq yards of 50 lakhs value has been sold out, when murali asked about this kiran (Elder brother) toled him that all property belongs to him and he pulled him out of house.

sir/madam pls i need your valuable suggestions 



Learning

 5 Replies

Kumar Doab (FIN)     02 January 2018

It is believed that all involved are Hindu.

confirm!

Kumar Doab (FIN)     02 January 2018

The gift is complete the moment gift is made by donor and accepted by donee.

Valid/registered gift deed confers title on donee.

The nature of such property is slf acquired.

The donee being owner/title holder can dispose the property in a manner as it pleases to owner/title holder.

The current owner can also evict previous owner.

Until or unless the donee has violated the T&C of gift if any, donor may not succeed.

Approach a very  able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil maters having successful track record with copies of all docs, record and inputs in person, for a considered opinion. 

 

Siddharth Srivastava (Advocate)     02 January 2018

Now after lapse of 8 years the gift cannnot be cancelled a sought by you. Once a gift is always a gift and after the gift the property belongs to the person to whom gift has been made i.e. donee and being owner he i.e. donee is free to deal the same in the manner to his choice. Merely becuase Kiran has sold the property does not entail Murali to cancell the same as after gift it is Kiran who became the absolute owner of gifted property.

P. Venu (Advocate)     03 January 2018

How you are connected with the issue?

Kumar Doab (FIN)     03 January 2018

Prefer to approach a very  able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters having successful track record with copies of all docs, record and inputs in person, for a considered opinion……..than getting repelled by momentary response on an impulse…

The real elder brother has committed in layman sense; ‘Amaanat me Khaynat’, अमानत में खयानत.

In materialistic even a real brother canot be trusted and entrusted.

The legal lacunas, options and merits in each option can be understood by you, in person from your own very able senior LOCAL counsel.

‘आया ऊंट पहाड़ के नीचे’ kab or kaise ayaa ya aata hai, ke bare me puchiye.

 

Next time don’t err and prefer to sell and keep, use, spend your money for your own welfare, taste, needs.


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