Gift settlement deed
Y R DINAKAR
(Querist) 04 February 2014
This query is : Resolved
Dear Sirs,
My father has executed registered gift settlement deed stating that my father's self acquired residential property which is my native should be divided in to two between me and my brother after the life time of my parents by holding limited rights on the property in 2012
After executing the gift settlement deed , my brother who was staying my fathers house has vacated and shifted to a rental house, due to my father's health conditions and since my brother was not treating my parents they have shifted to Bangalore, where I am staying.
since the house at my native is currently vacant by brother is trying to occupy the house .Now my queries are
1. Whether my father can revoke the Gift settlement deed, since the ownership has not yet transfered.
2. What is the resource my father will have if my brother occupies the house.
Advocate. Arunagiri
(Expert) 04 February 2014
1. This gift deed can be revoked.
2. He has to be evicted through legal process.
prabhakar singh
(Expert) 04 February 2014
The deed you are speaking about is not a GIFT deed but a WILL and can be revoked by your father.
Rajendra K Goyal
(Expert) 05 February 2014
Well advised. Agree with the expert prabhakar singh ji.
Dr J C Vashista
(Expert) 05 February 2014
There is no such terminology as "Gift Settlement Deed", recheck.
If it is Gift Deed and accepted by donee, it is irrevocable, which cannot be conditional as such that it shall be effective after the death of donor.
If it is Settlement deed, it can be revoked.
Your next (second) query is not legal as your father has to find out the resource to evict your brother if he occupies the house.
Guest
(Expert) 05 February 2014
Clearly stated by Expert above
Y R DINAKAR
(Querist) 05 February 2014
Thank you very much sir's .One more small querry what will be grounds on which my father can revoke the gift settlement deed.
Guest
(Expert) 05 February 2014
Your question is ambiguous.
What do you mean by "the ownership has not yet transfered?" Also the deed can either be settlement deed or gift deed, not both at a time. So, please check whether the document is a will, gift deed, or a settlement deed?
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
Rightly opined by experts that gift deed cannot be revoked but a conditional settlement deed can b revoked if the conditions are violated.
