Legal Question in Real Estate Law in India

In 2003 father makes a gift deed (self acquired property) to his elder daughter. (actually the daughter and her husband purchased the property-for convenience sake made the gift deed). After registration hands over all the original documents to her father/mother (my in-laws) and goes abroad with family.

In 2007 the elder daughter passes the same property to her 4 minor children (now one major) and duly registered. Appointing me as a legal guardian. Her husband (me) leaves abroad leaving others in India.

In 2008, her father unilaterally cancels the gift deed made during 2003 (without her consent and without the knowledge of legal guardian (me). No consent from her and no court's directive was taken while cancelling the gift deed.

The reason for cancellation by her father is that patta, chitta, adangal, etc. are still in his name and therefore he does not wish that the gift deed is in force and thereby cancelling.

In 2013, he makes a settlement deed of the same property to his 2nd son again without informing us. In this Settlement Deed previous transactions were not shown i.e gift deed made during 2003, cancellation made during 2008.

Now, I put a Hut on the property and appointed a security guard to protect the property. Consulted the Lawyer. Lawyer filed a Caveat and sent notice to all the opposite parties including Registrar's Office, Thasildar etc.

Request you to give your view on this subject matter.

Thanks and regards

Syed Zafrullah

We are going to file declaration of lsuit shortly.

In


Asked on 2/14/14, 3:34 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.02.2014

Dear Syed,

A Gift Deed can be revoked by the Maker (Donor) anytime during his lifetime. A donee cannot acquire a better title to the property than that of the Donor. In view of the Gift Deed being revoked, you do not acquire any legal right not title to any structures that you erect on the property.

Regards,

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Answered on 2/14/14, 4:08 am


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