Legal Question in Civil Litigation in India
Hi,this is diwakar and i am at age 25 now.In the year 2006 my father has purchased a property(shop)which my father doing business for 32 years till today.My father registered the property in the name of mine in 2006.Recently in 2010 my aunty(my father own younger sister) has asked they want loan for house construction and they have no money if i can register the shop in the form of gift deed in the name of her.Due to innosense of me without knowing to parents i registered a gift deed to her without taking any money.In the gift deed also she wrote like this \\\'I(diwakar) am giving the gift with love and affection only and not accepting anything from her\\\' like this the registration has done.Recently 1 month back she put the property for sale without intimation of me and to my father.When i go to ask her she is refusing me.Immediately within two days i cancelled the gift deed and change it back to my name.She put a case on me in the court how we can cancel the registration once registered and she also put a interim injuction on me and i also put a petition on her.
Please suggest me to go further
1.I am asking we can cancelled the giftdeed once registered.
2.Is there any chance she return back my property because there is no other property to our family.
3.please suggest there is any rule regarding a gift can give by elder people to younger on and not younger one to elder.please kindly help me so far
2 Answers from Attorneys
The answers to your queries are here in below for your perusal :-
1) No you cannot cancel the gift deed but can explain the reason why and how you made this gift in favour of your aunty.
2) You have to request her not to trouble you and your family with regard to your so called property.
3) Gift can be given by anyone who is a major and can be accepted by anyone.
once a property gifted, it cannot be taken back and the gift deed cannot be cancelled.
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