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G R PARVATI (Teacher)     09 July 2012

Reversal of gift deed

My brother persuaded my father to gift away a residential property (self earned by my father) in his name because he was staying with him. Now he has refused to take care of my father. We are 5 brothers and 2 sisters. He had taken verbal consent of all after assuring everyone that he will share the proceeds equally with all. My mother recently passed away.

Another brother of mine is now taking care of my father. He now wants to return to his own house which he has gifted away. I am presently taking care of the house because my other family members insisted that my name be included in the gift deed.

My father now wants to change the deed as it is his self earned property. Khata transfer has not yet taken place. Is it possible for my father to change the Gift deed? What procedures/ options are available to him.



Learning

 5 Replies

vinod sharma (personal)     09 July 2012

gift deed once made cannot be reversed .

Adv Archana Deshmukh (Practicing Advocate)     09 July 2012

If it was not a conditional gift deed, it cannot be cancelled now.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 July 2012

Gift once completed cannot be revoked in absence of a stipulation in the gift deed that allows the same, it can be subsequently sought to be cancelled on grounds of frauf/undue influence/coercion etc. which would have to be proved.

Gorimaa..B (Law Student)     09 July 2012

Gift once made cannot be  revoked.

harinder mohan bhatnagar (director)     09 July 2012

i am sorry sir but a gift once made and also accepted by the donee cannot be revoked. now ur brother is the owner of the property and ur father has absolutely no right over it. u can either file a suit that he used undue influence and made ur father gift it to him but this would be hard to prove as i don't think u have any proof or document to support this. but u can surely try if u believe u can win the suit. or the other way is all the family sitting together and pressurising him to gift it back to ur father. only this is the peaceful way out to get ur dad's property back


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