• Cancellation of gift deed

My grand ma registered a gift deed in favour of my cousin brother in 2013 .and after one year my grand ma had cancelled the the gift deed,
now she wishes to gift the deed in favour of me .
but the law says says that gift deed cannot be cancelled . my cousin brother also agrees to gift the property to me . 
what should i do .. please give suggestions. 
1 can my cousin brother register gift deed in favour of me or
2 can he register in favour of my grand ma , and my grand ma to me
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

deed of cancellation has to be executed by mutual consent

2) your grand mother should with consent of cousin brother should cancel the gift deed

3) then your grand mother can execute regd gift deed in your favour

4) in the alternative your cousin can execute gift deed in your favour

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Gift deed is unconditional then it can not be canceled by the donor.

2. SO heck the gift deed whether it was conditional or unconditional. Moreover even if it was conditional then also it cannot be cancelled unless and until the condition is valid.

3. If your cousin also willing then ask him to transfer the property to you . Otherwise if life grand mother gift the proeprty and your cousin dispute the same then the gift deed in your name would be of no value if invalidated by court.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

was cancellation of gift deed by grand mother registered? kindly clarify

2) if so cousin brother can file suit to set aside cancellation deed executed unilaterally by grand mother

3) if grand mother does not contest cousin can get exparte decree

4) then cousin can execute gift deed in your favour

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) it is advisable to file suit and to challenge cancellation of gift deed executed by grandmother

2) once cancellation deed is set aside then cousin can execute gift deed or n your favour

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Yes,if your cousin joins in then settlement in your name is possible.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1 can my cousin brother register gift deed in favour of me or

Yes, your cousin brother can execute a registered gift deed in your favor because your grandmother cannot cancel the registered gift deed unilterally.

2 can he register in favour of my grand ma , and my grand ma to me

Instead both the the donor and the donee can execute a cancellation deed cancelling the registered gift deed after which your grandmother can execute a registered gift deed in your favor.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

now if the gift deed is given by my cousin brother to me will it be validated by court.

If your cousin is executing a registered gift in yor favor, it is very valid in law.

The cancellation done by your grandmother earlier will not be binding or bar your cousin brother to perform this transaction in your favor.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

yes the cancelation deed was registred .

is there any chance if both of them ie( my grand ma and cousin) jointly execute the gift settlement in favour of me

Even the registered cancellation deed is not valid in the eyes of law and not binding on the donee.

If she can execute another cancelling the cancellation deed, then it will remain as per the original gift deed safely.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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