swapna (nil) 12 September 2011

Gift deed

Hi, this is regarding cancelation of gift deed, details are as below,

A - Owner of the property , owner by sale deed.

W - Wife of "A"

A & W have three children 1 - Son, 2 - Doughter & 3- doughter

2 - Doughter of " A" - was married to "M" - ["M" is Son-in law of "A"] on 15-03-2000.

"A" died on 01-04-2000 leaving behind W-Wife,1 - Son,2 - Doughter & 3- Doughter as legal heirs.

On 15-03-2001 registered gift deed was exeuted by "W" in favour of "M" [on thretening that he will not take "2" for leading a married life unless the property is gifted in his name], wherein 1-son & 2-doughter have signed as witness & 3-doughter was minor at the time of registration of gift deed.

Gift deed was not delivered to "M",only shown to him.

Now all "W", 1-Son & 2- doughter want to revoke the gift deed.

How can W,1 & 2 can proceed for cancelation of gift deed with out intervention of "M" - the donee.

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4 Replies

Advocate M.Bhadra 12 September 2011

The Gift Deed executed on 15.3.2001 is void as because the W is not absolute owner of the property according to Hindu Huccession, which was left by A died intestate on 1.4.2000.As per provision of sec.122 of the Transfer of Property Act.Gift once executed it can not be cancelled ,but if the said deed was executed by misrepresentation ,it can be revoke only by the order of Court.So, W ahould file a case in civil court for cancellation of said gift deed.

Bharatkumar (ADVOCATE ) 12 September 2011

"A" IS OWNER OF THE PROPERTY AND AFTER "A" DIED THE ALL LEGAL HEIRS R OWNER OF THE PROPERTY AND EACH MEMBER SHARE IS EQUAL IN THIS PROPERTY SO ANY ONE CHALLANGE "GIFT DEED" IN COURT AND AFTER ORDER OF COURT U CAN CANCELLATION THE GIFT DEED IN REGISTRAR OFFICE.

p.damodar (sr.admin) 13 September 2011

we had a property which was in my father name but my father expired in the year 2003. We got family of 4 brothers and 2 sisters all are married and my mother alive. I am 3 in our brothers, now my mother and brothers want to give gift of this property into my name taking some amount from me. Can I take this property into gift deed. After taking gift, there will be any chance to cancel this gift deed by my family members at any time. Is there any right in this property after gift deed is registered on my name cancelling by my sisters who were married.