Claim of gifted property
vijay
(Querist) 31 March 2013
This query is : Resolved
My Mother gifted property to my father's brother (when my fater was alive) without the consent of me and my brother. My father has expired now. Is there a possibility to get the gifted property from my father's brother back to us?
Advocate M.Bhadra
(Expert) 31 March 2013
No, a gift deed once executed and gift given cannot be revoked. The only way to revoke the same is through the operation of law. File a civil suit for cancellation of the gift deed. In such a suit will hold only there is fundamental and substantial question and irregularity. Your mother once she has executed the gift deed, she cannot revoke the same at her option. She has to file a civil suit for cancellation of the same.The merit only lies that court can see that at the time of execution there was any fraud or mis-reprsentation.
TRANSFER OF PROPERTY ACT
SEC.126 When gift may be suspended or revoked;-
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Raj Kumar Makkad
(Expert) 31 March 2013
If the property was self acquired of your mother then it is not possible to revoke the gift but if the property was ancestral in the hands of your mother then the gift is void ab initio and it can be got revoked through a civil suit.
prabhakar singh
(Expert) 01 April 2013
If your mother was absolute owner of property then she was well within her
right to transfer the same by any mode including gift without seeking consent from you or her husband or any body else.
However if some fraud was played or induced on her by the donee to obtain the gift,then on that ground suit lies even by you(her heirs) with in 03 years from the date of disclosure of such fraud to you.
