pradyot kumar goswami (Ex legal practitioner) 07 September 2011
My client, the father of 5 sons & 3 daughters, bestowed his entire property to his five sons by way of GIFT DEED one year ago. Now 3 of his sons behaving roughly and torchering their father. The Above GIFT DEED is in the custody of father. Now the client deciding to take back the GIFT DEED quashing its function. Please advise the remedy to the client & what have to do to get back the property from sons.
Mr. P. K. Goswami
Advocate
Adv. Hari Krishnan. (Advocate) 07 September 2011
Hi...
Mr. P. K. Goswami,
When once a gift deed is executed and accepted,
it cannot be revoked unless it is a conditional gift deed.
A transfer of property, done via Gift, is controlled by fulfilling a prior condition by donee, it is called a "Conditional Gift".
It can be of any of the two types:
a. Precedent Condition: When the condition is to be fulfilled before the transfer of the gift.
b. Subsequent Gift: When the condition is to be fulfilled after the transfer of gift.
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