Mother cannot cancel gift deed unilaterally

2) she has to file suit to set aside gift deed on account of coercion or undue influence

3) the delay of 11 years in filing suit has to be explained

4) seek injunction restraining sale of property by brothers

After the gift deed has been executed it cannot be cancelled unilaterally.

However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.

OR

donee can file a suit for cancellation of gift deed before civil judge, on ground that gift made by him under pressure

No, this cannot be cancelled now, the gift having become absolute now.

This gift can be revoked only in case:-

a. There Was an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;

b. Such event must be one which does not depend upon the will of the donor;

c. This gift was based on fraud, undue influence of misrepresentation or was an onerous one.

Dear Dhanush,

Please note, settlement of Gift Deed once executed, cannot be cancelled, and even if it is cancelled, it won't be legally considered valid. But only the cancellation will stand valid or it can be challenged before the Court, if -

(i) the Gift Deed was not registered by due process of Law or under proper jurisdiction.

(ii) in the said Gift Deed, it is specifically captured/ retained in a particular clause that the donee (2 brothers) have the right to do so;

(ii) if the possession of the scheduled gifted property is not handed over to the donee (2 brothers) since the date of execution of the said Deed till date;

(iii) if at the time of registration of the Gift Deed, the donor (your mother) was under some provocation to do so.

The cancellation of Gift Deed can only be challenged before the Court of Law, if the above-mentioned points are proved.

For further query, do right to me.

Thanks & Regards.

Respected sir ...

You can claim for that gift deed given by your mother to her brother only within a period of one year ...But after that you are not entitle to such any deed nor your mother ...

So don't waste time as well as money ...

Thanku

The gift or setkemnt deed once excuted , registered nd acyyted upon can not be canclled.

2.if it was done under fraud or force the maker can file suit to set it aside.

3.but in no manner it can cancel it unilaterally,

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation. The power to cancel the gift deed lies on court when gift was executed by way of fraud, cohesion or undue influence.

No.Gift deed cannot be cancelled. the alternate is to re-gift the same again to you mother.

1. Registered gift deed can not be revoked or cancelled by the donor under any circumstances.

2. The validity of the said gift deed can be challenged before the Court duly finding out technical faults in the said gift deed like absence of acceptance of the gift by the donee or absence of the witness etc.

If your mother transferred the property to her brothers by executing a registered gift deed, it cannot be revoked unilaterally.

Moreover even if she believes that certain conditions have not been fulfilled by the donees in return of the said gift deed (conditional gift deed is void) then she can file a cancellation deed provided it is within three years from the date of gift deed.