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What is the process to reclaim property based on registered gift deed
23-Jul-2023 (In Property Law)
My father did a gift deed of our house in my mother's name in 2004 and was registered in Katpadi Register Office. Due to father's harassment and extramarital affairs, we moved out of the house and started living in different city. My father, without my mother's knowledge, went and cancelled the gift deed and registered back the property in his name. What is the process to reclaim the property now based on the registered gift deed. We have already petitioned Sub-Registrar, but he replied he did not find anything wrong. Please note it is not a WILL, it is a registered gift deed.
The gift deed once registered cannot be legally revoked. Send a legal notice to the registrar. File a Writ in the High Court seeking directions to the registrar to revoke registration of cancellation of the gift deed, if the registrar refuses to act in acoordance with the law.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Once gift is accepted, it cannot cancel by donor. There is no provision for it. If the gift was not accepted by donee, donor can cancel it. Your father alone cannot cancel the gift given by him. If your father canceled the gift with out the knowledge of your mother, your mother can file a declaration suit to declare the cancelation null and void
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Adv. Santhosh
Ooty | 100+ Answers
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A gift deed once executed can not be cancelled with out the consent of both the parties . A gift deed can be cancelled only on the ground of fraud and what the Sub -Registrar did was not correct and if you take legal action against the concerned official your problem will be solved.
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Adv. G. Asok
Chennai | 200+ Answers
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A registered gift deed cannot be revoked without the consent of you mother, the donee. Kindly approach a lawyer and take necessary legal steps to get back the property.pl get the reply of the Sub- Registrar in writing.
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Adv. Srinivasan Ellappan
Chennai | 25+ Answers
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