• How to get back land gifted by me bought by my father?

My father had bought a land.He was died in July, 2015.I had gifted through registry the share of my land to my brother in March,2017.I want to get back my said share.Is it possible? If yes,How is it possible?
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1.The transfer nce c0mplete by way of execution and registration of deed of conveyance cannot be cancelled by the transferor anymore.

2.In your case if you have already gifted your share through registered deed of gift to your brother then I regret ypu can not claim it back anymore.

3. You can get your share back only of your brother wants for which he can similarly gift that gifted part to you by way of deed of gift.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Dear Concerned,

No - a Registered Gift Deed can not be cancelled as the ownership of the land was transferred by you to your brother willingly.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Once you execute a gift the transfer of title takes place instantaneously. Unless the gift deed was conditional, and a condition precedent to the absolute transfer of title has been violated, you cannot revoke the gift deed.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

once gift deed is executed duly stamped and regsitered your brother would be absolute owner of the land

2) title in property passes on to the donee

3) you cannot take back the land gifted by you

4) you can file suit to set aside gift deed on account of coercion / undue influence but chances of success are bleak

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

If you have transferred the property by a registered gift or settlement deed, that too without any condition then this deed cannot be revoked or cancelled.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

1. Registered gift Deed can not be revoked without any Court order.

2. However, if there is any scope, you can file a declaratory suit praying for a declaration that your brother had coerced you in registering the said gift deed praying for a declaration that the said registration of the gift deed is void at law and also praying for a direction upon the Registrar to cancel the registration of the said gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

gift once made cannot be retracted. gift must be made by the free consent. if you prove that it was not your free consent then you can retract this gift deed. this is the only option to take back your property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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