aman bindra (partner) 06 February 2012

Gift deed

hello everyone

This question is from my cousin . he and his mother are having a dispute with everyone in there family and are staying with there grandmother in the property which is on her own name . now his grandmother has registered a gift deed for a particular property on his name( by paying the proper stamp duty) without any other member of the family knowing about it. Now everyone have come to know about it and they are pressurising the grandmother to cancel the gift deed.

my question is can a registered gift deed be cancelled, is there any legal implication on us .

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 February 2012

Dear Aman,

A duly registered gift deed cannot be revoked. However there may be two situations :

1) Grandmother was not the sole owner of the property that she purported to gift (in that case the gift falls fully or partially)

2) The Gradmother approaches the court for cancellation of gift deed (S.31 of the SRA) wherein she may, acting at the behest of other relatives, allege that her consent was obtained by fraud, undue influence etc. and plead for cancellation of that deed.

However the donee(getting under the gift deed) would have ample opportunity to rebut the same.

Feel free to seek any clarifications.

Best of Luck !

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM)

aman bindra (partner) 06 February 2012

thanks bharat

but does that means we cannot stop grandmother from cancelling the deed or if we can do anything to make our title over the property more stronger. Because the other family members want to get transfereed on to there name and sell it afterwards . throwing my cousin and his mother out of the house .

we cannot sell the property as there is a clause in the gift deed that my cousin cannot sell the property till the time his grandmother is alive.