1) your mother cannot cancel the gift deeds unilaterally

2) the Supreme Court has held that a minor could legally accept a property gifted to him and the gift-deed executed in his favour in this regard is irrevocable.

A Bench comprising Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari pointed out that Section 127 of the Transfer of Property Act clearly recognised the competence of a minor to accept a gift.

The Bench said "when a gift is made to a child, there is a presumption of its acceptance because expressing acceptance in his case is not possible and only an implied acceptance can be expected".

You have to execute the deed of cancellation for the same and get it registered.

The transfer deed once made can't be cancelled by the vendor/donor anymore.

So your mother can't do so.

Since its a minor's property right now without the permission of court even the guardian can't sell it.

Since your own children and your sister's orphan child have become its title holder do chase this property.

Hi, you can file cancellation of gift deed in court..

In this case, donor has gifted and the donee, all minors would not have chance to act upon the gift. Under such circumstances, the gift deed can be unilaterally cancelled by your mother in register office where the deed has been registered.

as the donees are the minors you have no other alternative but to take court permission for cancellation of those gift deeds.

Legally, your mother cannot be the guardian of your minor children. Nor can she be the guardian of your sister's minor son, as your brother-in-law is the father and natural guardian. The gift deed suffers from these legal infirmities. However, as the gift deed has been executed and registered, it cannot be cancelled now. In the circumstances, it is better that you representing your minor children and your brother-in-law representing his minor son jointly execute and register a gift deed in your favour.

1. The property was registered in your mother's favour, as a result of which she was the absolute owner of the property, hence she was at liberty to gift her properties to anyone she desired. There were no fetters on her right to gift her properties.

2. She cannot now cancel the gift deed as in case of gift deed the title passes instantaneously to the donee whereupon the donor ceases to have any right, title or interest in the property.

3. The only remedy for your mother is to file a suit for cancellation of the gift deed in the civil court.

1) we will to registered cancellation of gift deed. The same gift deed will be cancelled.

Hello,

A suit for cancellation of the gift deed will have to be filed.

Take the ground that she was forced to transfer the land by means of a gift deed which was actually purchased by you.

Contact a local lawyer.

regards

If it is possible for you to demonstrate that the sale proceeds to purchase that said two properties flew from you exclusively; and that since the lady in question had no funds to purchase the said properties since she was unemployed, you are the real owner, approach the Court and seek cancellation of the gifts deeds executed in favour of the minors.

Contact a local lawyer.

Since your mother has executed a registered gift deed, that too favoring minor children, she cannot cancel the gift deed.

This property being her own property because as per law, the property in the name of married woman shall be her own and exclusive property, there is no necessity that how she purchased the property or the source of her income will be researched.

She need not take your consent to sell or transfer the property by gift deed to anyone of her choice

Since the property involves minor interest, she cannot revoke or cancel the gift deed unilaterally and consent of the minor children cannot be obtained nor it is valid if they are minors by age.

Thus the gift deed cannot be cancelled even if you approach court of law since the minor's interest is involved.

Hi,

Is the gift registered? If the children are still minor and the mother is guardian, she can make you custodian of that property.