My Grandfather earned and purchased land on his name and made a gift settlement and registered in favour of my uncle(one of the son), in that deed stated that until my Grandfather's(donor) death my uncle(donee) has no rights to gift or sell the property except rights to enjoy the property. Is there any chance to cancel the gift settlement deed or revoke the property. Because actually that property get divide in to three equal shares among the three son's of my Grandfather. thank you.
Your grandfather cannot ca bncel the gift deed unilaterally
2) gift deed can be cancelled with mutual consent
3) if your grandfather wants to cancel the gift deed he has to obtain Court orders to set aside gift deed on grounds of coercion or undue influence
This deed executed in 2010. now the property under donee control and has been enjoying since 2010.
Gift deed cannot be set aside unilaterally by donor
The registered gift or settlement deed cannot be revoked unilaterally either by the donor or by anyone, if at all the cancellation has to be done it can be done with the consent of the donee that too by both the donor and the donee executing a registered cancellation deed. If the registrar do not agree to this then they may have to approach court of law for this.
Thus the registered gift settlement deed cannot be cancelled for the reasons stated by you, however as per the condition your grandfather can enjoy the property till his lifetime, further if the beneficiary happens to die during the lifetime of the donor, then the property shall automatically stand transferred to the legal heirs of the deceased beneficiary/donee.
There is no such law that the three sons are entitled to your grandfather's property equally during the lifetime of your grandfather. It is his own discretion and desire to settle his own property in favor of his one son alone, nobody can question this decision as a right.
This deed executed in 2010. now the property under donee control and has been enjoying since 2010.
He is the rightful owner of the property hence there is no illegality in it.
Any decision or an act done to interfere or disturb his possession and enjoyment shall be considered as an illegal act.