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Sandeep Shukla (Teacher)     30 March 2014

About gift deed cancellation

A and B are two siblings and their father had a self acquired immovable property. A and B's father has died intestate and their mother expired before their father. Due to whatever reasons, A had gifted his share to B by a registered gift deed after their father's death and it has now been more than ten years since this gifting was done. B has also mutated his name in the property. Later A has realised that this was a mistake and now wants to cancel this gift deed.   

Now my questions are:

1. Is this an ancestral property and is A a coparcenor?

2. Is this gift deed null and void or not?

3. If it is void how to proceed to reclaim possession? Will a declaration suit do? This is because A is already planning to file a declaration suit about his father's other properties. Can this gifted property be also included in the suit?

4. Are there any statute of limitations to cancel this gift deed?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

@ Mr. s. Shukla:

The answers to queries raised are :

1. Is this an ancestral property and is A a coparcenor? 

No

2. Is this gift deed null and void or not?

No, this gift deed cannot be null or void.

3. If it is void how to proceed to reclaim possession? Will a declaration suit do? This is because A is already planning to file a declaration suit about his father's other properties. Can this gifted property be also included in the suit? 

Since the gift deed is not void and cannot be revoked, a declaration suit in this regard will not be maintainable.

4. Are there any statute of limitations to cancel this gift deed ,?

The gift deed cannot be cancelled.

1 Like

Dr J C Vashista (Advocate)     31 March 2014

I endorse the expert opinion of Mr. T Kalaiselvan, Advocate

2 Like

Pritam Gupta (Teacher)     31 March 2014

But sir, property self acquired by father is ancestral in the hands of the son? Also A and B are co-sharers in the property on the date of the gift deed and A is not absolute owner. Doesn't this invalidate the gift deed ab initio?

T. Kalaiselvan, Advocate (Advocate)     31 March 2014

It was a self acquired property of the father, who has full rights in the property to utilise and dispose it in the manner and mode he desires so.  The meaning of ancestral property is different from that of what you have been misguided about by your surroundings. Thus, do not be under confusion about the ancestral property and any other thing to it,the gift deed is  valid and cannot be revoked, thus the other sibling cannot claim any share in the property as a right once the property was already transferred by a registered gift deed to B.

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