VRK (business) 30 June 2024
Sir/Madam, 10 years back my friend given ten cents land to a society with Regd conditional gift deed, but society with internal disputes not utilized the land from day one. Now my fried realized get back land, how is it? directly cancel the old deed with registered cancellation deed or file a petition with local civil court while asking cancellation and grant permanent injunction? if go with direct cancellation deed, donor only can cancel the deed?
T. Kalaiselvan, Advocate (Advocate) 30 June 2024
The donor cannot cancel the registered gift deed unilaterally.
In fact the gift deed to be cancelled jointly, both donor and donee should have executed a cancellation deed jointly within three years.
Now it is barred by limitation.
Hence the donor can approach court with a suit for retrieving the property as it was not utilised by donee even after a decade.
Advocate Bhartesh goyal (advocate) 01 July 2024
Your friend has to file civil suit for cancellation of gift deed with prayer of injunction Sub .Registrar has no power to cancel the registered gift deed, it can be cancelled by civil court only.
Dr. J C Vashista (Advocate ) 02 July 2024
I agree with the experts advise, file a suit for decalaration / cancellation of gift deed through a local prudent lawyer.
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