registered gift deed is cancelled
2 years ago
my senior father inlaw age is 79 and his relative cheted and sing on property transfer gift deed document
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can first file suit for non-cognizance of such property. Subsequently, if the court follows through with your plea, then you can get a property mutation done as well. Unauthorized titles do no hold valid before the court.
If you find my answer helpful then kindly rate me.
You can first file suit for non-cognizance of such property. Subsequently, if the court follows through with your plea, then you can get a property mutation done as well. Unauthorized titles do no hold valid before the court.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can file a suit for cancellation of this unauthorized document on which very nominal court fees would be payable and in addition also file a suit for perpetual injunction against the relatives.
If you found my answer helpful then kindly rate me.
You can file a suit for cancellation of this unauthorized document on which very nominal court fees would be payable and in addition also file a suit for perpetual injunction against the relatives.
If you found my answer helpful then kindly rate me.
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A.Dear Sir,
You may approach police and also Civil Court.
You may approach police and also Civil Court.
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A.Any deed executed with fraudulently is not valid in the eyes of the law as for any agreement or conveyance the most important element is the free consent of the both the parties who are executing the deed. In gift deed if the donor's will or consent is not obtained freely then in absolute terms the gift deed is void. But then this fact has to be brought in front of the court or the Sub-registrar to get the deed cancelled.
Section 31 in The Specific Relief Act, 1963
31. When cancellation may be ordered.—
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
Section 31 in The Specific Relief Act, 1963
31. When cancellation may be ordered.—
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
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Madhulika Bhatnagar
Responded 2 years ago
A.If you father in law is alive, he can revoke the gift deed. However, if he is no more, you can approach the civil court for cancellation of the deed under Specific Relief Act, if you have proof to show fraud.
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