Legal Question in Civil Rights Law in India
Dear Sirs,
I am from Tamilnadu. My father & my elder sister have executed a gift deed jointly to transfer their shares in ancestral properties (immovable agri lands) to me in Jan 2011. The gift deed was an unconditional one. I've accepted the gift and I am possessing the lands now. But I have not changed the ownership record (Patta) in my name. But I have leased out coconut trees in my land and executed contract deed. & also constructed shopping complex on it.
Later in Jan 2012, my elder sister went to registrar office & cancelled the gift deed unilaterally w.r.t her share.
Sir now my question is whether the act of cancellation of gift is valid?
Will the non-transfer of Patta in my name affect it? Shall I get success if go to a court?
5 Answers from Attorneys
dear client...
The mistake you did was you changed ur name in the records.... need to go through the gift deed and cancellation deed then some way can be suggested... if possible send me the copies at [email protected]
I have to see your Gift Deed to give you legal advice............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
23.02.2013
Dear Sir / Madam,
(Avilipatti, Dindigul, Tamil Nadu)
A Gift Deed can be cancelled by the donor anytime during his / her lifetime. The act of cancellation of the Gift Deed by the donor(s) is valid.
If your father still insists, his share gifted to you can still be argued to be valid.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
A valid gift deed cannot be cancelled without the consent of both the parties. Once the gift is complete, i.e. by acceptance of the Recipient, the Donor looses all control over the property, and therefore has no legal right to cancel the same. You can successfully challenge the cancellation. It can be cancelled only if the Gift Deed is a conditional one, and the condition is not fulfilled.
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