Hari 11 April 2022

Pasupu kumkuma registration document cancellation

Hi sir,

I have query regarding kumkum pasupu registered deed. My father register house in the name of his sister as gift deed. After 46 years of marriage. Property in the name of my father but my brother also provide money to built house. Without intimation of my brother and sister he registered. My father taken small Amount from my mother in law for that he registered House in the name of mother in law. My mother in law emotionally black mailed (No other Agreement only belief). In registered deed i signed as witness. Now my brother want to cancel the deed. He says its not legal only father will give gift not brother, and also he has right. Now my mother in law refuses to cancel the deed. Is it legally valid? Please suggest how to cancel the deed. Hoe to void the registration

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4 Replies

G.L.N. Prasad (Retired employee.) 12 April 2022

Once the property is transferred as "Pasupu/Kumkuma" , the property became the absolute property of the female. Revenue entries in some other name in no way affect the rights of the good, legally bonafide title of the receiver of the gift. THE REGISTERED DEED CAN ONLY BE CANCELLED BY COURT IN A DECLARATION SUIT, and the chances of getting success are very remote in your stated case. Please contact a local advocate for detailed guidance and show him all the documents like a copy of the gift deed, and revenue records and explain the facts. In most of the cases this pasupu kumukum gifts, the promises are always oral, and the parents used to send the value after selling the crop as a religious duty, keeping the same in their custody and working on the land.

P. Venu (Advocate) 12 April 2022

The facts posted lack clarity. However, the deed is registered and has attained finality. Only a decree from the competent court can unsettle the transaction.

Hari 14 April 2022

Thank you for your reply. Actually my father takes 4 lakhs from my mother in law for security he registered as Gift deed (padupu kumkum). She told after payment of money we cancel the documents.But she asks more money as she promised. What is the procedure to cancel the deed. Another question is if Repay the Amount what is the procedure to register as sale deed or gift without any future problems. Can we registered on my brother name? If yes, will we need to take witness of her sons and daughters? . Is sons and daughters are rights in pasupu kukuma deed?

G.L.N. Prasad (Retired employee.) 14 April 2022

Please go through replies while adding more to the query. When the property is her absolute property, it can be transferred by way of gift or sale depending on the receiver's wish. No need to get the signatures of her legal heirs. Some take more precautions than what is needed and it is left to the purchaser's wish and seller's wilingness.