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jeyanthikumari (clerk)     05 September 2012

Whether gift deed can be cancelled


Dear Sir/friends,

 

First I would like to explain our case briefly.

 

My husband is having residential property in chennai.  which we bought after our marriage with the source of amount given by my mother... The property registered in my husband name. We bought housing loan jointly. Due to some problem. my mother paid all the amount to bank and closed the blance loans.

                Hence, my husband give a gift deed in my name.Simultaneously my self give a gift to my mother. Both the deeds were registered in the concerned register office. The EB and other documents were transferred to my mother name.  Now my mother plan to sale that house. Now my husband is making problem for sale.

 

Now my question are,

 

  Whether the gift deed can be cancelled by my Huband? If so on what grounds it can be done? 

 

Whether my mother is the sole owner of the property?

 

Is there any chance for my huband claiming rights  on that property?

 

 




Learning

 3 Replies

A V Vishal (Advocate)     05 September 2012

Whether the gift deed can be cancelled by my Huband? If so on what grounds it can be done?

Ans. Perusal of gift deed is necessary to advise further in the matter.

Whether my mother is the sole owner of the property?

Ans. Yes

 

Is there any chance for my huband claiming rights on that property?

Ans. He can claim but his stand can be rebutted

bhavin (ADVOCATE)     05 September 2012

The Contents of both the gift deed are very important before come to any conclusion.

jeyanthikumari (clerk)     07 September 2012

In the gift deed. the wording noted that on any reasons the gift deed can not be cancelled before the court.

Further, i my gift deed myself and my son or daughter will not claim any right for that property.

pl. advice me


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