Can my father claim room back if no registration done for gift deed

965 votes

1)for a gift deed to be admissble in evidence registartion of gift deed is a must.
2)you have not specified how your father intends to cancel the gift deed. Cancellation of gift deed can be challenged by grandmother if:
She has been put in posession of property
3)Under Section 149, three essentials to the validity of the gift should be, (i) a declaration of gift by the donor, (ii) acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the subject of the gift by the donor to the donee as mentioned in Section 150. If these conditions are complied with, the gift is complete. Section 150 specifically mentions that for a valid gift there should be delivery of possession of the subject of the gift and taking of possession of the gift by the donee, actually or constructively. Then only the gift is complete. Section 152 envisages that where the donor is in possession, a gift of immovable property of which the donor is in actual possession is not complete unless the donor physically departs from the premises with all his goods and chattels, and the donee formally enters into possession.
4)Section 123 of the Transfer of Property Act, 1882 (for short, `T.P. Act’) lays down the manner in which gift of immoveable property may be effected. It reads thus :
“S.123. Transfer how effected. — For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses
5)donor has no powers to revoke gift deed .if he wants to cancel the gift deed he needs court orders that gift deed was vitiated by fraud , undue influnece etc . in your case since father has unilaterally revoked the gift deed, only option is to move court to challnge the revocation of gift deed by your father .
6)you may also seek specific relief for registration. Section 20 of the Specific Relief Act, 1963 says that the jurisdiction of a civil court to grant a decree for specific performance is discretionary and the discretion of the court has to be exercised on a sound and reasonable principle. Sub-section 20(a) says that a decree for specific performance cannot be granted if the contract or the conduct of the parties or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant and that under the circumstances, though the contract cannot be rendered voidable, makes it inequitable to enforce the specific performance.

Advocate Jairam Chandnani LawRato