Gift deed cancelllation
sudha
(Querist) 26 September 2010
This query is : Resolved
My mother gifted me a house(which was in her name) after my marriage because of their economic condition and they needed financial assistance from me in 2002. now my brother is well settled and my mother is living with him.
My mother and brother were living in that gifted house and as courtesy I could not ask them to vacate after it was gifted to me and registered.
Now my mother has canceled the gift deed without my knowledge.
Now will that cancellation be valid without my consent and will the fact that they are living in that house throughout the time make it valid.They did not pay any rent so I have no proof that they paid rent.
Kindly advise.
I was paying the house taxes through my bank account directly by permanent standing instructions and not by cash(since 2002),is this not enough to prove that I have accepted the gift,I let my mother stay free as she was my parent,is it compulsory to collect Rent.
Devajyoti Barman
(Expert) 26 September 2010
The Gift Deed once executed is final and binding upon the donor if the donee accepts such gift and hence that can not be cancelled. The payment of rent has got nothing to do and you could file case for their eviction at will if you so decide.
s.subramanian
(Expert) 26 September 2010
Since there is no delivery possession of the property in pursuance of the gift,which is mandatory in cases of gift,it may affect the validity of the gift. A stand may be taken that the very gift was sham and nominal and not acted upon.The fact that they never paid any rent and that you never claimed such rent from them also would add strength to the cancellation deed.
sudha
(Querist) 27 September 2010
Please see my clarification regarding accepting the gift (if it is valid).
sudha
(Querist) 27 September 2010
I was paying the house taxes through my bank account directly by permanent standing instructions and not by cash(since 2002),is this not enough to prove that I have accepted the gift,I let my mother stay free as she was my parent,is it compulsory to collect Rent.
R.Ramachandran
(Expert) 27 September 2010
Paying of house tax either in cash or through bank account in itself is not a proof that the property is owned by you. You said that the gift deed was registered. Once the registration has taken place in your name, that is the end of it. Just because you permitted your mother and brother to live there without rent should not affect your ownership. However, if the gift deed was not registered then it will throw up the whole lot of problems as envisaged by Mr. Subramaniam.
sudha
(Querist) 27 September 2010
The gift deed was registered,but since I have not evicted my mother from the gifted and registered house and did not collect any rent,does it mean I have not accepted the gift,what exactly does accepting mean.
R.Ramachandran
(Expert) 27 September 2010
Once the gift deed is registered in your name, the property stands in your name. You are the absolute owner of the property.
Chanchal Nag Chowdhury
(Expert) 27 September 2010
U are the absolute owner & revocation of the gift by your mother is not permissible in law. However, U are advised to file a suit in order to prevent any claim of title by adverse possession.
