Gift deed cancellation or revokation
9932604549
(Querist) 13 September 2015
This query is : Resolved
HI,
MY GRANDFATHER IS 85 YEARS OLD. HE IS AN ABSOLUTE OWNER OF A SELF ACQUIRED PLOT OF 2 DECIMALS. RECENTLY IN APRIL, 2015 HE GIFTED THE DEED AT HIS WISH TO MY MOTHER WHO IS A WIDOW. THE DEED IS REGISTERED LEGALLY AT THE SUB-REGISTRY OFFICE AND IS UNCONDITIONAL. I HAVE A UNCLE. ALSO MY GRANDFATHER HAS A DAUGHTER WHO IS MARRIED. NOW CAN THE DEED BE CANCELLED OR REVOKED IN ANY WAY. PLEASE ANSWER URGENTLY.
Advocate Kappil Cchandna
(Expert) 13 September 2015
Sir,
Since it has been registered to it becomes little difficult to challenge it, but yes seeing the facts and circumstances in totality it can be cancelled.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 13 September 2015
It would be very difficult to cancel it till all parties to it agrees.
Guest
(Expert) 13 September 2015
Since April 2015, your granfather does not remain as absolute owner.
Anyway, what is the desire of your grandfather and mother on the issue of cancellation?
prabhakar singh
(Expert) 13 September 2015
Gift once made can not be cancelled or revoked because just like a sale, gift passes title at once from donor to donee.
However, a cancellation suit can be brought by donor on the ground of fraud, misrepresentation or undue influence.But these please though easy to plead but always difficult to prove.
Kumar Doab
(Expert) 13 September 2015
The experts have explained in detail.
Agreed with experts.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
Agreed with the experts views that once a registered gift deed is executed, it becomes irrevocable hence cancellation of the same will render the cancellation deed as null and void if a declaration suit is filed before the court in this regard.
Sri Vijayan.A
(Expert) 03 December 2015
The deed is executed and registered.
It is unconditional and absolute.
It cannot be revoked.
If it is conditional, one may think of revocation.
Now, it is not possible.
A.Sri Vijayan
94440 48547
