Can a gift deed be cancelled

Querist : Anonymous (Querist) 28 November 2011 This query is : Resolved
NAMASKAR EXPERTS
MY FATHER EXECUTED A REGISTERED GIFT DEED ON MY MOTHERS NAME CAN IT BE CANCELLED AND MADE A FRESH GIFT DEED ON MY NAME ( only son ). YOUR BEST GUIDANCE WILL HELP ME A LOT.

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prabhakar singh (Expert) 28 November 2011
If it has been validly executed registered and acted upon GIFT then it can not be revoked but now your mother can only execute a GIFT of the same in your favor.

In case it was a conditional gift then on attraction of breach it can be revoked but that can be judged only by going through the deed.

Chanchal Nag Chowdhury (Expert) 28 November 2011
U have not stated whether the same property is the subject matter. If so, Mr. P. Singh has given the answer.

Rajeev Kumar (Expert) 28 November 2011
As it is registered gifta deed so it cann't be revoked if your mother wants to execute the gift in your favour then she can do it. If it is a conditional gift then on the breach of the stated condition in the deed it can be revoked

Advocate M.Bhadra (Expert) 28 November 2011
According to sec.122 of the Transfer of Property Act once Gift is executed it can not be taken back,but there are some exception to this provision, if donor and donee are agreed to revoke the Deed and the gift Deed was executed by coercion,fraud and misrepresentation then only Court can revoke/cancel it.In your case you may get the property if your mother is execute a fresh Gift Deed in your favour.

Kiran Kumar (Expert) 29 November 2011
I endorse the views expressed by Mr. Bhadra and Mr.Singh.

Sailesh Kumar Shah (Expert) 29 November 2011
Nothing require to be added in detailed replied of Mr.Singh and Mr.Minansu.

M/s. Y-not legal services (Expert) 29 November 2011
am also agreee with mr.bhadra and prabhakar sir..

Raj Kumar Makkad (Expert) 29 November 2011
Donee loses every rights over the gifted property as soon as he gifts so there is no occasion left with your father to get the same cancelled and re-gift it to you.

Raj Kumar Makkad (Expert) 02 December 2011
I correct word donee with donor. Please read accordingly.

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