1) gift deed cannot be cancelled unilaterally by your grand mother
2) she would need courts orders to set aside gift deed
3) you will have to file suit to set aside deed of cancellation
4) make your uncles party to the suit proceedings
Gift Registration
Hi My name is Ravi Kishore requesting all your suggestions for the below issue. My Grandmother gifted her property to my dad in 2008 for converting her thatched house into modern building. My dad after gift registrations constructed the house by mid 2009 by taking some home loan. Later in sept 2009 my grandmother cancelled gift registration without his notice and we didnot know about this cancellation till now. My grandmother expired last year and my dad passed away recently and we are paying all the govt taxes and home loans regularly. Please advise how i need to challenge this case in court as my father was frauded by my grandmother. My grandmother has 3 sons.
Asked 7 years ago in Civil Law
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3 Answers
1. Do not worry as if the gift deed was not conditional it can not be revoked at the will of the Donor.
2. So your grand mother can not cancel the gift deed at her choice and if she does that the same has no force on law.
3. it appears you're staying on the proeprty .So keep the possession of the same and continue its enjoyment.
4. If you have no other uncle then you have nothing to worry.
The property transferred by executing a registered gift deed canot be unilaterally canceled by the donor.
Any such deed or act is invalid and illegal in the eyes of law.
Now since your father and grandmother have died, he property shall devolve on your father's legal heirs only.
You, your mother and other siblings only have full rights in the property.,
