Parents property received and gifted to brother

As per your query, a gift deed is a legal document that defines the transfer of a gift from the donor to a donee without any exchange of money. The Transfer of Property Act, 1882 provides section 126, which deals with suspending or revoking a gift. Section 126 provides that the donor and donee may agree that on the happening of any specified event, which does not depend upon the will of the donor, a gift shall be revoked or suspended.

Under regular circumstances, a gift once made, cannot be revoked. However, Section 126 provides two modes of revocation of Gift:-

Revocation by mutual agreement: - A gift may be revoked upon the happening of an event, which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.

Revocation by rescission: - The gift is a transfer of ownership, without any exchange of money or any consideration, which is made voluntarily. Therefore, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence, or fraud then the gift is voidable.

In the above case, if you and your brother mutually agree on the revocation of the gift deed, then it will stand suspended. This can also be done by certain stipulations mentioned in the contract. Your son cannot revoke the deed.

Hope it helps,

Regards,

Srishti