Gift Deed
Querist :
Anonymous
(Querist) 09 April 2011
This query is : Resolved
We are two brothers. Mother had a flat (Kolkata). Both father and mother are now deceased. My brother has decided to gift his portion to me out of love and affection. However my sister-in-law is not liking this. Once the gift is registered with witnesses, can it be revoked or cancelled?
For example, can my sister-in-law claim that her husband (my brother) was forced to sign the gift deed or that he was paid money by me to gift his portion although he was unwilling?
Devajyoti Barman
(Expert) 09 April 2011
The drafting of the gift deed specially when there is a possibility of future consternation requires help of an expert on this aspect.
If it is properly drafted removing any scope pf future dispute, your sister in law could do nothing.
In Kolkata because of some faulty drafting some well know suits are pending challenging the gift deed.
Naresh Kudal
(Expert) 09 April 2011
If your brother wishes to gift you, there is no any problem. Gift deed once registered it cannot be revoked easily. Take help of an expert in drafting of deed.
R.Ramachandran
(Expert) 10 April 2011
There appears to be something missing. Please indicate whether your brother has any other living accommodation, which is owned by him. Where does he live currently - whether in the same house which he is willing to gift it to you or in some other place? What about his family - whether he has children - married or marriageable? What about your family. Have you got any other accommodation of your own.
Do you mean to say that your brother has move affection and love towards you than his own family members?
Querist :
Anonymous
(Querist) 10 April 2011
In reply to Mr. Ramachandran: My brother is well established and resides with his family elsewhere. He has never lived with us nor taken care of us. Hence he is not interested in my mother's property and willing to gift it to me as I am needy. However my sister-in-law is greedy and in spite of being rich may not like my brother's decision. Can she create any trouble after gift is registered?
R.Ramachandran
(Expert) 10 April 2011
No, your sister-in-law cannot create any trouble, if your brother makes a Registered Relinquishment Deed (don't call it a gift deed, since the property has not so far gone in the name of your brother and he only has equal interest in the property) in your favour. In the Relinquishment Deed he can also state that he is well settled, and he wants to relinquish his share out of love and affection for you and also because you are needy.
R.Ramachandran
(Expert) 10 April 2011
Since you are in Kolkatta, better get in touch with Mr. Barman for getting the Deed properly drafted to ward off any future trouble from any quarter.
Querist :
Anonymous
(Querist) 10 April 2011
Thanks a lot to all of you.
