GIFT DEED CANCELLATION IS VALID?
Joseph
(Querist) 02 May 2011
This query is : Resolved
Hi all,
My grand ma has two daughters. Two years back she made a GIFT deed(house) to her elder daughter. In the GIFT deed(house) it was mentioned that the elder daughter took care of my grand ma well and so she is making a GIFT deed. Also it was mentioned that grandma doesn't has rights to modify or cancel the GIFT deed. But after registering the GIFT Deed(house) there were lots of mis understanding between grand ma and her elder daughter. In the mean time, her elder daughter changed the EB card, water tax and patta to her name. Since there was a hunge misunderstanding between them, grandma cancelled the GIFT DEED(house) by last year. Now she says, she needs her house back and she wants to sell it.. Is it possible for Grand ma to get her house back and sell it as she had already cancelled the GIFT deed??
malipeddi jaggarao
(Expert) 03 May 2011
A registered gift deed can not be cancelled subsequently by the maker. If cancellation is required, the maker has to apply to the court for cancellation giving reasons.
Adv. Sunil
(Expert) 03 May 2011
Cancellation is an act whic require both parties execution a Deed. So in your case how the cancellation was done??? whether the elder daughter signed to the cancellation deed. If yes your grand ma can get the property back...
Advocate Bhartesh goyal
(Expert) 03 May 2011
Registered gift deed can not be cancelled unless it is proved in court that gift was made under pressure, coercion and fraud.
Joseph
(Querist) 03 May 2011
Thanks a lot for all your replies. Cancellation was done by Grandma alone and she has registered the cancellation deed. Elder daughter is not interested in cancellation. But in the registered cancellation deed, she has mentioned that Elder daughter has not taken care of her well and hence she is cancelling the deed.
Joseph
(Querist) 03 May 2011
Also Grandma has approached an Advocate. Lawyer has said that by filing a case, she can get back her own property after which she can sell off.. Is it wise to file the case? If yes, how long it would take to get the judgement?
M V Gupta
(Expert) 10 May 2011
U have stated that the gift deed provided that it will not be cancelled or modified. Thus the gift is irrevocable. Had the gift deed been made subject to the donee looking after her, and if this condition is not satisfied ur G. maa would have been entitled to cancel the deed without intervention of Court. As the gift made is irrevocable the unilateral cancellation is not valid in law.
