Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee . Donor cannot unilaterally cancel the gift. It has to be done only with the consent of donee

Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.

Even though you can challenge the registered deed on the following grounds:

1.Coercion- That the executant had been coerced into executing the deed through an act that is prohibited by the Indian Penal Code 1860 or a threat thereof

2.Fraud- That the executant had been defrauded into executing the deed by:

•Being led to believe as true, something which the person deceiving knows is false.

•Actively concealing a material fact

•Making a promise without intention to perform

•Any other deception or any act statutorily declared as fraudulent.

You can file a civil suit for cancellation of gift deed because she has fraudulently parted that property from you by instigating to execute a gift deed. A gift must be made by free consent of the party if consent is taken by fraudulent act then that gift deed is liable to be cancelled.

You should file a civil suit as soon as possible because making delay can bar your right by limitation.

1)you can file suit to set aside gift deed on grounds of coercion

2) it should be your case that wife insisted that gift deed be executed for your share in flat as pre requisite for filing for divorce by mutual consent

3) if however more than 3 years have passed since you executed gift deed your claim would be barred by limitation

1.Gift deed once made with free will cannot be cancelled anymore.

2.So remove the thought of cancelling the gift deed as this is not possible.

3.Concentrate on the divorce suit and if you can prove the allegations of mental cruelty you will get decree of divorce for sure.

Section 126 of the transfer of property act lays down grounds for revocation of a gift deed. The same can be done either mutually or by recisson in case of contract.

If there is some clause in the gift deed which says that the gift deed will be revoked on some eventuality only then can you revoke the gift deed otherwise not.

Regards

A gift deed is irrevocable.

Unless both the donor and donee,like agree, it can't be recalled.

Yes you may file a civil suit for cancelation of gift deed as it was executed by you under the false promise or wrong impression or she commit fraud with you to execute this gift deed.

1. Have you registered the said gift deed?

2. If not then the said unregistered gift deed has no legally enforceable value.

3. If it was registered, the the said gift deed is legally valid which can not be revoked or cancelled by you.

4. Registered gift deed is irrevocable in the eyes of law.

The registered gift deed cannot be cancelled at your whims as and when you wanted to cancel it until and unless there is any condition attached to the gift deed.

In fact a gift deed cannot be executed with any condition.

You have to fight out the divorce case on merits but may not be able to recover your property already transferred to her name by a registered deed.

Filing a suit for cancelling the gift deed would be a waste of time, money and energy, hence give a patient thinking to this.