Cancellation of registered gift deed which is fraudulently prepared

when my father was ill with mild stroke ( I am away from my native place 200KM)my sister along with her husband lifted my father to hospital for treatment and then to subregistrar office and got a gift deed registered fradulatly which was already prepared one under mysterious circumstances. My father was unable to sign in the document or fix his LTI My father expired on Mar.2011.DOC registered on Jan 2011.I wrote letter to Dt,Registrar and requested cancellation of doc as per their Circular No.67/2011 But replied negatively as the circular was withdrawn on 20.10.17 and they returned my complaint. Then I have submitted the same complaing yo Inspector general of Registration. But no reply was received till date,Kindly suggest suitable action. The patta of the subject land was standing in my name.she used my fathers family card as id for registration kindly suggest best ways to cancell the gift doc. or filing any criminal complaint

Answers (4)

244 votes

You have to prove that your father was not mentally sound when he signed the gift deed. Mere physical disability shall not act as an impediment for a person to execute a document. Taking a person's LTI on a document is legally acceptable. The burden is on you to have to prove your case if you allege it was a fraudulent transaction.

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336 votes

Deed once executed cannot be revoked unless all the parties to the Deed agree the same. Court's declaration to the effect that it was executed fraudulently has to be proved. You can prove it in the Court of law and get the order in your favour.

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194 votes

you can file a civil suit and have to prove that the gift deed was obtained fraudulently by letting in evidence and if you prove before the court the above contentions you can win the case. only after perusing the connected documents, proper advise in this regard can be given.

147 votes

Registration Authority has no Authority to set aside the registered documents. Only competent civil court has decide to set aside the document. You can approach competent civil court to set aside the gift deed. Then you not state about the nature of property. So approach civil court With proper documents.

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