Property given as a gift

Govindarajan (Querist) 19 April 2011 This query is : Resolved
My father has given one third of our ancestoral house By way of ( "Dhana settlement" i.e by way of gift ) to one his aunt with a condition that she can enjoy the property till her life time and after her life time he will get the ownership back . Now can he revoke the settlement the Dhana settlement ? if document has been registered with the regitrar .

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M/s. Y-not legal services (Expert) 19 April 2011
Dhana settlement called as GIFT. gift having some essential elements. Gift mean its must be without CONDITION AND CONSIDERATION. But your father put some one condition. So at first look i self its not a valid gift. Another thing is a valid gift, once gifted mean we can't revoke it in life time.

Guest (Expert) 19 April 2011
you can challenge the gift deed and in this regard you can prove that was with some conditions as you told and it will be declared improper by the court.

M.Sheik Mohammed Ali (Expert) 19 April 2011
gift means handover the property immediately with out condition, so you cannot claim

ESTHERPRIYA (Expert) 25 April 2011
You father can revoke it but after the life time of your aunty. It is gift settlement Deed hence you have to go through the clauses and from that if there is a clause of revocation power seen then we have some good things to be done.

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