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vij   29 May 2017

Gift deed reovke

our family is consist of 3 members. mother, sister, brother. My sister got married and she is having one baby boy. there is some dispute going with her husband. to secure my sister future, My mother want to gift plot to my sister. Can we put a clause like below while gifting plot to her. Is it possible to revoke plot ownership to my mother/me, If something happened to my sister Is my brother in law get any right in the plot?


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 2 Replies

Ms.Usha Kapoor (CEO)     29 May 2017

a REGISTERED GIFT DEED ONCE VALIDLY MADE CANNOT BE REVOKED BY DONOR EXCEPT UNDER COERCION AND FRAUD. IF YOU WANT TO REVOKE THE GIFT YOU'LL(dONOR) HAVE TO GO TO COURT AND CANCEL IT.yES IN HER ABSENCE HER HUSBAND CAN CLAIM  A Share in the property apart from her sons and daughters.Please read below.

n: Hindu

1. After the gift deed is complete the gift deed cannot be unilaterally revoked.

2. To revoke the gift deed your father has to go to court and seek the cancellation of the deed. There is no other legal recourse available to him.

3. No other legal heir can claim a share in the property which has been gifted to you. You are the owner of the property now.

4. Your father cannot make a will now as he has gifted the property.

Hence once you gift  the property  your sister becomes absolute owner.

vij   30 May 2017

thanks usha kapoor for the update. But I just want to inform you that plot is not gifted yet. but planning to give..

1. Before give can we put conditions to revoke it in future.?

2. can plot gifted on 2 person names like my siter and me together.

 

 

 


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