Gift deed cancelled basis land record being struck
4 months ago
The questions is related to land pertaining to XY12.
My grandmother had 4 sons, I am the son of her 3rd son. My great-grandfather adopted my grandmother's eldest son because he did not have any male heirs. My grandfather did not have any lands so my great-grandfather made a gift deed in favour of my grandmother for a few of his survey numbers, which would be passed equally to her 3 sons apart from the adopted son. The rest of the property belonged to the eldest son. The land pertaining to survey no. XY12 was not in gift deed to my grandmother.
After my great grand-father passed away, my grandmother and the 4 sons stayed as a combined family. During the 1970’s when the land ceiling act was passed, my grandmother and 4 sons distributed land verbally amongst each other with each getting equal share in land. XY12 was recorded in favour of my grandmother at this time. The ROR for XY1 initially had the name of the eldest son, which was struck off and my grandmother’s name entered in it’s place. Another survey no. which had my grandmother’s name was stuck off and the eldest son’s name was written it’s place. This was done to segregate lands according to the land ceiling act.
Later in the 2000s when the passbooks were being issued. The land was again redistributed verbally amongst each of my grandmother, the eldest son and his wife, the other two sons. One of the son was excluded since he was mentally challenged. Here, the survey no.s mentioned in the earlier gift deed were now registered in favour of the eldest son and his wife, my grandmother still had XY12.
Shortly around 2005 our family got split and my grandmother along with the younger 3 brother, including my father stayed together.
In 2021, my grandmother registered XY12 in my name in form of gift deed. In 2022, the eldest son took my grandmother into his custody and issued a unilateral cancellation deed claiming that XY12 belonged to him since his name was struck off in the old ROR and there is not direct claim to the land for my grandmother (since it was not mentioned in gift deed provided by my great-grandfather). The eldest son got a letter signed by my grandmother revoking her ownership of the land and transferring it to himself. My grandmother is suffering from severe dementia hence he was able to take advantage of the condition. They then proceeded to cancel the gift deed and got the land registered in his favour.
How do I proceed to contest this in civil court?
A gift deed can be revoked under Section 126 of the Transfer of Property Act. Revocation may occur if the donor is found to be of unsound mind, made the gift with a motive of monetary or other gains, or does not hold ownership of the property to be gifted. The deed can be challenged in court if the donor's permission was not freely given, or if the gift deed was not performed and registered following legal requirements. Section 122 emphasizes that acceptance of a gift must be given while the donor is alive and capable. The burden of proving facts lies with the party asserting them. Unilateral cancellation of a gift deed by the donor is against Registration Act rules. In the case of Kolli Rajesh Chowdary Vs. State of Andhra Pradesh 2019(3)ALD229, the court declared unilateral cancellation of a registered document as null and void. A deed of cancellation can only be registered after being canceled by a competent Civil Court, and without such a declaration, its execution and registration are void. To refute the claim for cancellation, it's advisable to hire an experienced advocate to represent your case effectively in court.
Thankyou
Your records have to be verified before answering your questions which are deep in the matter otherwise you may be misled.
A gift deed can be revoked under Section 126 of the Transfer of Property Act. The deed may get rejected later if the person is found to be of unsound mind, or has made it with a motive of monetary or other gains, or the person does not hold ownership of the property to be gifted or it may be in the process of acquiring. A gift deed can be challenged in Court if the permission for gift transfer was not freely given by the donor, If the gift deed was not performed and registered following legal requirements, it is invalid, and the Gift deed can be challenged in Court. Section 122 stipulates that acceptance of a gift must be given while the donor is still alive and capable of giving. The Evidence Act has laid down that the burden of proving fact always lies upon the person who asserts it. Until such burden is discharged, the other party is not required to be called upon to prove his case. Cancellation of a gift deed unilaterally by the donor is contrary to the Rules under the Registration Act In Kolli Rajesh Chowdary Vs. State of Andhra Pradesh 2019(3)ALD229, while dealing with the aspect of whether registration of a deed of cancellation unilaterally is violative of principles of natural justice and also contrary to Rule 26(i)(k)(i), Hon’ble Court held that deed of cancellation/deed of revocation is declared as null and void and it is of no effect. There cannot be a unilateral cancellation of a registered document and a cancellation deed cancelling a registered document can be registered only after the same is cancelled by a competent Civil Court, after notice to the parties concerned, and in the absence of any declaration by a competent Court or notice to parties, the execution of a deed of cancellation as well as its registration is wholly void. Given the aforesaid proposition of relevant law and rulings of the Court, you need to hire an experienced Advocate to represent and defend your case before the Court to refute and nullify the claim for cancellation of the gift deed executed by your grandmother in favour of you.
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