prema.s prema 26 October 2021

To file a case on my sister

Hi I'm Manjunath
I m facing a problem with my sister after gift deed d property.which was in my mother name my mother has expired 1 yr before after tht my father transferred to his name after tht he gift deed d property to my sister even d signature in d gift deed nw thy r not giving d money after signature nw I want to file a case on this can I file a case. My case ll stand this my query please help me out of it any one please

Reply Follow

7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 October 2021

gift deed cannot be cancelled unless the donee has obtained the same through either by fraud, coercion, misrepresentation or undue influence from the donor.

Kevin Moses Paul 26 October 2021

As per your concern it's important that you understand that concept of revocation of a gift deed. Basically, a gift deed can be suspended or revoked either by a mutual consent of the donor and the donee or by rescinding the contract between the two parties. If the donor and the donee mutually agree on revocation of the gift deed, then it will stand suspended.

Typically, a gift deed once registered cannot be cancelled without the donee's signature. In your case, the gift can't be cancelled without your sister's signature or consent. And since the donee (i.e. your sister) isn't willing to revoke the same, which makes its impossible for you to get the gift deed revoked.

Regards,
Kevin M. Paul

Jai Karan Nagwan (consultant) 26 October 2021

At first, why are you having problem after the property is gifted to your sister. were you not in good term with your parents that you were excluded. have you not taken care of your parents in their old age.

whatever may be the reason you were excluded from the property rights. but gift deed was wrong. Go for recession of gift deed, being it in contravention of section 15 of Hindu Succession Act, 1956.

kavksatyanarayana (subregistrar/supdt.(retired)) 26 October 2021

When your mother expired, for her property, your father, you, and your siblings have equal rights over that property.

G.L.N. Prasad (Retired employee.) 27 October 2021

What exactly is your problem/dispute on a property gifted to your sister legally ? Contact local advocate with such copy of gift deed, submit your claims and issue a legal notice through him, if he feels that your demand is legitimate.