how to cancel gift deed
shiva
(Querist) 17 August 2010
This query is : Resolved
Brother gifted the property to his sons by say he is only remaining owner of the property, since mother is expired. In fact the property is own by his mother. Now sister want to cancel gift deed. how can cancel gift deed. what will be the verdict by judge and how she can get her share.
thank in advance
s.subramanian
(Expert) 17 August 2010
She can file a suit for partition in which the legality and the validity of the gift deed can be challenged. She has very bright chances of success.Good Luck.
t
M/s. Y-not legal services
(Expert) 17 August 2010
Sorry. Gift once given mean its given. You can't cancelled it. But you can challenge a gift,whether its valid or invalid. Better you may consult an advocate. He or she may secure your property.
M/s. Y-not legal services
(Expert) 17 August 2010
I agree with mr.subramanian. But gift mean, its must be without condition or consideration. If that gift accepted mean you can't cancel it.
shiva
(Querist) 17 August 2010
thanks for advice. what will the duration of proceeding for cancellation of gift deed. and what percentage of property she can get.
shiva
(Querist) 17 August 2010
Gift deed was made against her knowledge and without her permission as she owns half share of the property. Gift deed should be cancel able.
Rajeev kulshreshtha
(Expert) 17 August 2010
After the death of mother the son and daughter have equal share and the son have no right to gift entire property. you should challenge the gift deed after taking all ground in detail before competent civil court.
adv. rajeev ( rajoo )
(Expert) 18 August 2010
Let her file a suit for partition and seperate possession taking contention that alleged gift deed is forzed and it is not binding on her. But burden will be on her to prove that gift deed is forzed one.
shiva
(Querist) 18 August 2010
Many Thanks Mr. s.subramanian, Rajeev kulshreshtha & rajeev ( rajoo ) for your advice.
R.Ranganathan
(Expert) 18 August 2010
Best solution is Partition suit claiming half share and right in the property as per law and in addition to the said prayer asking for cancellation of the Gift Deed stating that it is fraudulent and made with ulterior motives and for no consideration.
masood ausaf
(Expert) 18 August 2010
A suit for cancellation of the Gift deed should be filed before the court of competent jurisdiction as the Gift deed is invalid document and has made with supression of true facts and depriving of the one legal heir with malafide intentions and ulterior motives as such has no value under law. The chances of sucess is very very bright.
Vijyant Nigam (09807349001)
(Expert) 18 August 2010
i also agree with the opns of mr. subramanium, mr. rajoo bhai, mr. rajeev, mr. rangnathan and mr. masood bhai
Surrender K Singal
(Expert) 18 August 2010
The very preamble of Gift Deed is false that the son was the ONLY heir of the deceased mother, therby suppressing the vital fact that the deceased is aLSO survived by a daughter who has equal rights in deceased's estate
Y V Vishweshwar Rao
(Expert) 19 August 2010
A person can not Transfer /gift any property which is not his property- The gift Deed is transferring half share of son and another half share of Daughter - the Daughter's share can not be transferred by son - Daughter can file suit, simply ignoring the Gift Deed , for partition and making the same allegations and the said Gift Deed is not binding on her to the extent of her share and she can implead the son of the brother who is claiming as donee of entire property to have necessary legal implication on the Gift Deed .
B.R. BHALLA, ADVOCATE
(Expert) 19 August 2010
One can make a gift of self-acquired property on which one has an absolute control. In cases, where the property has been inherited, the gift can be made by the donor after getting it partitioned lawfully and the earmarking and defining of his portion of the property. Undevided share in the property, I think, cannot be gifted.
