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Ozzy (partner)     04 December 2012

Gift deed...can it be revoked

Namaste,

I am a widow, who lost my husband 2 years ago. I have been careing for my inlaws for the past 25 years and we have been a very good family till my husbands death. after my husbands death, my father in law out of compassion gifted me his flat ( present residing premise)( this was bought by my father in law by his own money and is not an ancestral property) on which I paid the sales duty, registered the document and submitted it to the society for the share certificate transfer. The society after verifying the legality of all documents, transfered the share certificate in my name and made me the legal owner. This gift deed is unconditional. After my husbands death, however, my inlaws started getting ill very often and needed round the clock help and support, which i am unable to provide as i am working professional. Still i tried to manage for aprroximatelty 1 year. Looking at their needs, i decided to place them in an old age home which had all the facilities ( I was paying 29000Rs a month out of my pocket) and a 24 hour nurse to look after them. This old age home had provided them with their own room , television and although may not be as home, i made all efforts to make them feel comfortable. I used to visit them on weekends too.

My husband has a sister, who has never looked after her parents, never visited us or kept any relationship with her parents. She used to harass her parents often by asking money time and again , and my in laws have maintained a diary in which they have noted all these episodes and things. My sister in law has now taken my in laws away from the old age home and is now forcing them to write letters to society saying that the gift deed has been done under force and misinterpretation and fraud.

Can you please help me understand the following..

1) Can the gift deed be revoked??

2) Can the inlaws through a court of law bring a stay on my property and make me leave my present property??? what can be done to prevent this or avoid a stay order?

Thank you for your advice.

-Smt Narona



Learning

 5 Replies

Kundan Kr. Singh (Advocate)     04 December 2012

Smt.Narona j

Supreme court held that in JUDGEMENT aSHOKAN VS LAKSHMIKUTTY & OTHERS IN SLP NO.20754/07 decided in the year 2012 " once the gift deed had been executed it could not be revoked.' by the mere fact that the Donors feeling towards the receipant underwent a chenge.

once a gift is complete, it can not be rescinded.

Don 't worry be happy.

JANAK RAJ VATSA (ADVOCATE)     04 December 2012

the gift deed can't be rescinded now

Ajit Singh Cheema (practising Advocate)     04 December 2012

Please note the decision by the Supreme Court in the case of Ashokan verses Lakshmi Kutty was given on 14.12.2007 and not in the year 2012.I would like to give the citation 2007 (13) SCR 901.

Once a gift is complete , the same cannot be rescinded , for any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.

Ozzy (partner)     05 December 2012

Dear Mr Singh,

thank you very much for your advice and explanation. But now that the donar is claiming misinterpretation and fraud and force ( all of which is false and can be proven) , the court still cannot rule to rescind the deed right??

-Sincerely,

Smt Narona

Ozzy (partner)     05 December 2012

Dear Mr Cheema and Mr. Vatsa,

thank you for advice. But now that the donar is claiming misinterpretation and fraud and force ( all of which is false and can be proven) , the court still cannot rule to rescind the deed right??

-Sincerely,

Smt Narona.


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