Regarding gift deed
Querist :
Anonymous
(Querist) 19 August 2011
This query is : Resolved
Sir,
I am planning to purchase a 45 year old house having ground, first and second floors. The actual owner of the house is having his wife, one son and two daughters. All are married. The owner has purchased the land and constructed the house out of his own income (not inherited property). He registered the house to the grand daughter (son’s daughter) through gift deed. Later the grand daughter got married and went to USA. But before the original owner died, he himself revoked (cancelled) the gift deed in the same registrar office. After his death, his wife, son, and daughters want to sell the house. But the grand daughter is claiming that she is the actual owner of the house and objecting for the sale of the house by the above mentioned persons.
I want to know whether the revocation of the gift deed done by the actual owner is valid or not. Whether the above mentioned persons has the right to sell the property or not.
ajay sethi
(Expert) 19 August 2011
gift deed made cannot be revoked if the donor gifted property unconditionally and donee accepted it .
wife and children have no right to sell the property .
prabhakar singh
(Expert) 21 August 2011
But before the original owner died, he himself revoked (cancelled) the gift deed in the same registrar office.
ANSWER
BUT HE HAD NO LEGAL CAPACITY .REVOCATION OF ONLY A CONDITIONAL GIFT IS POSSIBLE THAT TOO WHEN CONDITIONS IMPOSED ARE VALID.OTHER WISE A GIFT IS TREATED AT PAR WITH A SALE DEED.
Just think that if the this property was sold to daughter by father could father revoke by a second deed,NO,not at all.
A sale or gift can be avoided only through a decree of court on proving the fact that consent to transaction was not free but obtained by fraud coercion or undue influence etc and not by a second deed as is done in case of a will.
IN MY VIEW DAUGHTER IS OWNER AND NOT THE FATHER.
