Legal Question in Real Estate Law in India

Dear Sir,

My brother has sold me property and it has been registered as gift deed. now my brother has revoked the gift deed and made it again on his name without my knowledge.

Now as per sub-Registrar, in the gift deed my brother has signed (DONOR) but i (DONEE) didn't sign, so thats why the registrar office has cancelled the giftdeed and made it again on his name (The deed was registered in 2002)

Main points in GIFT SETTLEMENT DEED

The Donor herein is the OWN BROTHER of the Donee, as such the Donor due to love and affection towards the Donee and the Donor herein have decided to Gift the House beating M.C.H No. 8-1-332/3/A/114(part) admeasuring 100 Sq yards or 83.61 Sq Mtrs. Situated at Arvind Nagar Colony, Shaikpet, Hyderabad � A.P. which is morefully described in the schedule and plan annexed hereto and marked in RED COLOR and the same is herein for the sake of brevity referred to as the schedule property/said property, to the Donee, without any monetary consideration.

The Donor, now in good health full senses and perfect application of mind, with full rights powers and having absolute authority to grant, conveys and assigns the schedule property in favour of the Donee, herein to have hold, use enjoy and possess the same as absolute owner forever and the Donee herein has also accepted the Gift.

Now or in future the Donor or any other legal heirs, shall have no more rights, title interest or demand in the schedule property hereby gifted.

The Donor are the absolute owners and possessor of the Schedule property and as such the Donor are entitled to alienate the Schedule property, by way jof gift, and the Donor hereby transfers the Schedule property in favour of the Donee, TO HAVE AND TO HOLD the same absolutely forever..

The Donor hereby conveys and transfers all his rights along with all the ownership rights and title to be enjoyed by the Donee absolutely and forever and to hold and enjoy the same in capacity of the absolute owners thereof through this Gift Settlement Deed and with all powers of transfer , viz., alienation, mortgage, hypothecation for the purpose of raising loans etc.

Now i want to file a case, how can get this back and what is the possiblity of winning.

Pls. advise

Regards

Usmani


Asked on 10/03/09, 9:29 am

1 Answer from Attorneys
AllFine Lexis Allfine Lexis law firm

Dear Sir,

A gift once given cannot be revoked. But the gift should be accepted by the donee. Here your brother made a gift deed in your name but you didnt sign the deed. Not signing the gift deed means you are not accepting the gift. Signing is the way of accepting or agreeing to take the gift.

Regards,

Read more
Answered on 10/03/09, 12:26 pm


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