• Can gifted property be reclaimed?

My grand mother gifted a property to my brother.but his behaviour has drastically changed now he torcher my grand mother. and my grand mother wants to reclaim her property. is it is possible to get property back some how?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Your grandmother has to filesuit to set aside gift deed

2) shecannot unilaterally cancel the gift deed

3) seek injunction restraining your brother from selling the property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

gift deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen’s welfare.

This was held by Karnatak high court in the writ petition. WP(C) No. 8193/2014.

Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

File complaint before the maintenance tribunal set up as per provisions of the Maintenance and Welfare of Parents and Senior Citizens Act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

One the property ia transferred the title and ownership is also transferred to anr person either by way of sale gift excnage any mode

It is the absolute right of the person who has received the same whether he mortgage or sells

Answer to your ques is No

However one can claim for maintainence through court saying that she transfered the property for her maintainence but the purpose is no more solved

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

No, it can’t be, but yes to the extent if it is on the basis of some conditions to be fulfilled in future or by mis-representation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

Yes she can challenge the gift deed by saying that the gift deed was taken by fraud and coercion.

Contact a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Respected sir...

As per" Maintenance and Welfare of Parents and Senior Citizens Act, 2007 " if the person to who the property if gifted by senior citizen is not maintain the person who gifted the said property ..Then the senior citizen have All properties rights which stand 'gifted' or transferred by the senior citizens in the name of their children after the year 2007 can now be reclaimed by them....

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Yes file a suit by ur grandmother for cancellation of deed

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

She can reclaim her property if she has gifted she can file application for cancellation of gift deed before concerned authorities or can fIle a suit declaring that the gift deed is void as it's done by coercion fraud before concerned civil court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) A gift deed is a permanent document transfering the title/ownership and all interests over the property from the donor to the donee perpetually.

2) A gift deed is said to be valid only after registration, which is mandatory under S. 122 of the Transfer of Property Act.

3)Once a gift deed is made and registered it cannot be cancelled by the donor without the consent of the donee, The donee can cancel the gift deed and give up his intereset in the said property.

4) Hence, in this case, your grandmother cannot cancel the gift deed made to her grandson, if it is a registered one, without his consent.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

She's can claim back this property only if she can demonstrate that she gifted the same at first place under duress or coercion; or was made to gift this property as fraud was played upon her

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

make an application to the Deputy Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for reclaim the property gifted.

The Deputy Commissioner of your jurisdiction has the duty under the Act to take appropriate action against the defaulter.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

In one case decided by madras HC, the donor once gifted the property and the donee accepted, then the donor does not have any rights over the property. The registrar is not the competent authority to cancel the document. In such case, it is for the donor to approach the civil court to declare the document as void in view of fraud.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Gift Deed, is always irrevocable. Hence Gifted property cannot be claimed back, UNLESS & UNTIL it is legally proved that the Gift Deed was conducted under Threat /Coercion /Mental illness /others.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If your grandmother had transferred the property to your brother by a registered gift deed without any condition then it cannot be revoked unilaterally by your grandmother for any reason.

The cancellation can be done only through a court by its order.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

A mother or grandmother who gifts her property to her son/grandson, and is then harassed or neglected by the donee can file a suit for cancellation of the gift deed. There have been many instances where the courts have cancelled the gift deeds made in favour of sons who neglect or harass their mother after the execution of gift deed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can file case under maintenance and welfare of parents & senior citizens Act and get the gift deed revoked by court.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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