Gift deed cancellation!!!!
kumar
(Querist) 07 June 2010
This query is : Resolved
Dear sir,
My grandmother did a gift deed to my mom and me[grandson] and it was registered in register office,in that gift deed she mentioned one point that she cant able to change or cancel this deed. And we checked in EC , in that also name has changed from her to ours.Due to some personal reasons my grandmother itself cancelled the gift deed in register office.
1. Whether she can do it?
2. wat is next step we has to take?
3.myself , mom and my grandmother living in same house only, now if she says to go out from house by saying that i cancelled the gift deed , wat to do?
please give a positive solution....
A V Vishal
(Expert) 07 June 2010
1. Whether she can do it?
Ans. Yes she can if it is a onerous gift viz. any conditions applied while gift is made.
2. wat is next step we has to take?
Ans. Consult a local lawyer with all the concerned documents.
3.myself , mom and my grandmother living in same house only, now if she says to go out from house by saying that i cancelled the gift deed , wat to do?
Ans. If the gift is not conditional, then she has no power to cancel the same and cancellation of gift unilaterally is void, but then the reasons for cancellation should be looked into. However, if she alleges coercion, undue influence and force to execute the gift deed then you have to fight it out legally and there is no other solution to the problem.
Guest
(Expert) 08 June 2010
nothing remains after Mr Vishal's well explained reply.
Advocate Ravinder
(Expert) 08 May 2013
what is onerous gift. Kindly explain in detail. If there are conditions in the gift, are they applicable.
But it is a settled law that once gift is made, possession is handed over and it is registered, cannot be cancelled. kindly clarify on this point.
