Gifted property - can it be revoked by anyone
Karthik
(Querist) 09 May 2014
This query is : Resolved
My grandfather have 2 son and 2 daughter. He wanted to give one property each. But one son is not agreeing to that. So he has gifted(unconditional) one property each to his 2 daughter. All property are earned by my grandfather 50 years back when his sons and daughter were kids..
We are confused now whether "there is any possibilty for my uncle to appeal against the gifted propertry"
If so please let me know the section under which it can be revoked.
Devajyoti Barman
(Expert) 09 May 2014
No, he can not cancel or revoke the gift in any manner unless it is proved that your grandfather gifted the same under force/coercion or undue influence which I do not believe to be so in your case.
Karthik
(Querist) 09 May 2014
Thanks Devajyoti Barman :)
We were adviced to keep the registration confidential for 90 days. As few were telling, "If my uncle have plan to appeal against it, he can do it only before 90 days of registration. After that it is not allowed to appeal."
Is it real.
Kumar Doab
(Expert) 09 May 2014
This query is also discussed at;
http://www.lawyersclubindia.com/forum/Gift-property-can-it-be-revoked-by-anyone-102035.asp#.U2yVlEeBmXU
ajay sethi
(Expert) 09 May 2014
repeated query no reply
dr g balakrishnan
(Expert) 09 May 2014
to revoke, you need to prove how there was undue influence was played on your grand father please!
if you can gift is revocable;
is there any statement in the will like this is an irrevocable will! if not revoking is much easier!
Karthik
(Querist) 10 May 2014
@dr g balakrishnan :
yes in the will it is mentioned clearly that it is irrevocable even by my grandfather.
Karthik
(Querist) 10 May 2014
Hi All,
As i am new to this forum, i thought raising question in different places will help me get my doubt clarified soon.
No i feel how helpful this forum is. Getting immediate response from many experts. Really awesome effort.
Thanks everyone
ajay sethi
(Expert) 10 May 2014
thanks for your appreciation
Karthik
(Querist) 10 May 2014
@Ajay Sethi : One final doubt. kindly clarify
As per sec 128 of transfer of property act 1882, it states as follows G.The period of limitation for revocation of a gift On the ground of coercion, fraud, misrepresentation or undue influence Is 3 years when the fact entitling the plaintiff become known to him under section 59 of the limitation act 1963. My doubt here is"who all can be a possible plaintiff here in my situation " What they meant this 3 year here.. Was little confused kindly help..
ajay sethi
(Expert) 10 May 2014
any of his sons who is aggrieved can challenge the gift deed . in case your grand father under undue influence of his daughters has executed gift deed and your uncles came to know about execution say in 2012 he can challenge the gift deed within 3 years .
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
Firstly the property gifted by your grandfather was his self acquired property and he has gifted to his daughters on his own will and not under coercion or under pressure. If at all the same is to be challenged by the plaintiff (aggrieved party - may be your uncle)he can do it so within three years from the date f its knowledge, however the burden to prove the same lies on him.
