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How to proceed with cancellation of gift deed
05-Jun-2023 (In Civil Law)
My younger brother and his father-in-law taken my father aged 80 to subregister office by telling that let us cancel the will which was made few months ago and there he registered first floor in his name without informing any remaining of my 3 sisters and mother and myself with the help of his lawyer. Now my father want to cancel the gift deed since he is afraid of them that they will send him out of the first floor. and he is planning to register ground floor in my name and cancel the giftdeed which was done in his name. We are hindus,
As your nana is still alive, your aunts have to prove that at the time of execution of the deed your nana was undue influence. Keep all medical documents of your nana in hand. Unless proven otherwise they have no case which you have to contest.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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A few lines narration is not sufficient to comprehend your query.Since the property in question is an ancestral one, some of your relatives may put their claims. Please prepare your case justifying grounds elaboratly and supporting documents are also to be made available for my professional study ,if you need professional support of mine.LawRato's prior approval may kindly be obtained .
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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once the gift is executed and accepted then gift deed cant be canceled except both parties are agreed to cancel. The power to cancel the gift deed lies on court when gift was executed by way of fraud, cohesion or undue influence.
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Adv. Govindaraju K
Bangalore | 100+ Answers
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Your father could not have cancelled the gift deed unilaterally after the same had been registered in the office of sub-registrar. In order to validate the ownership rights which you assumed after the gift deed was made in your favour you need to file a case against your father for recognition of your ownership in the property. Whether or not you have to file the case is to be decided by you, but we can suggest you only within the periphery of law.
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Adv. Vedashree A
Bangalore | 500+ Answers
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Gift deed cannot be cancelled in sub registrar you have to file case for cancellation of gift deed in court take direction from it and get cancelled or another act seniors civil citizenship act has come take shelter in it and get order that daughter not paying maintenance to father and take direction from assistant commissioner cancel gift deed do it.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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it is not clear from your query that whether your Nana has granted registered deed of gift in your favour or not , if the deed is registered and the same is being challenged in the appropriate court of law in that event you have to prove the validity of the deed of gift when it was granted in your favour by your nana by showing that the day and time when the deed has been executed your nana was well and sound and able to understand the writing of the document and he has registered the same at his own will and consent.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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