Vikas 31 May 2018
Raghav Arora 01 June 2018
Hi! Thanks for the question! The case will be governed by the Hindu Succession Act. Firstly, if the son (The Donee) dies, the property will be inherited by the heirs of Class 1 i.e. the wife and then the sons and daughters (Daughter in this case). Further, as per the laws governing such transactions, on registering the Gift Deed, the donor (The Father) loses all claims to the property. He can neither revoke the gift nor can seek or demand monetary compensation. So this answers the second question implying that - once the property has been gifted, all the interest of the father is lost through a voluntary waiver of his rights and he cannot claim the lawfully inherited property back from the wife. However, Section 126 of The Transfer of Property Act, 1882, provides for situations wherein a gift deed may be revoked by the donor in case it is mentioned in a clause thereof. But such clauses need to be specifically mentioned in the gift deed. I hope this answers your query. Good Luck!