Gift Deed
sudha
(Querist) 27 June 2010
This query is : Resolved
Dear Sir
-My Parents have two houses ( one each)
-My mother wanted to gift me the house in her name as she cannot repay the loan on the house.
-I repaid the loan (by cash) in 1998.
-in 2003 my mother ,executed a gift deed in my name (Non Conditional) and I was paying taxes on the house through bank.(I did not change the property Tax Name) but left the documents with her.
-Now I came to know that she has cancelled the deed without our knowledge and wants to give it to her son after her demise.
Kindly answer my query
1)Can she cancel the gift deed without my knowledge(she is a pensioner and has sufficient funds in her name).
2)How do I need to respond legally on this issue.
Devajyoti Barman
(Expert) 27 June 2010
1.Deed of gift duly executed and registered not be cancelled by the donor and only the court of law can do it in certain conditions, that too only if the donor could prove that some illegality like force or coercion was exercised. In your case it was clearly illegal acts of the donor and it is not binding upon you. However as a measure of abundant caution you could always file a suit for declaring such cancellation as null and void or is non operative.
G. ARAVINTHAN
(Expert) 03 July 2010
you have to file a suit for declaration of the cancellation certificate and also to declare you as the owner of the property
