• Revocation of settled gift deed

Sir, My grandfather wrote settled gift deed in the name of my father and my fathers sister in 2010 and in 2012 my father expired in April and My grandfather Revoked the deed again in 2012 in May. Now My Grand father died in 2018. Can I claim for my share. We never know that my grandfather revoked the deed after my father death.
Asked 4 years ago in Property Law
Religion: Christian

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17 Answers

1. The gift deed once executed , registered ad acted upon can not be revoked unilaterally by the donor.

2. So in your case your grandfather after his fit deed to his son and daughter can no more deal with the property and hence the deed of revocation executed in 2012 is a non est and not binding on you.

3. So on death of your father you inherits his half share in the property along with your other co -sharers, if any and if you are refused to be handed over the due share you can file a suit for declaration that the deed of revocation is null and void and not binding on you and for partition to get your half share in the property.

4. So meet a local advocate and file the suit in local court.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

I have already stated above that to get back your share you will have to file a declaratory and partition suit. This alone would give you justice.

There is nothing more to add in reply to your queries.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If it is a registered gift deed it cannot be revoked by donor. If your co sharers have refused to give you legitimate share of your father which was to devolve upon you please file a suit for partition and separate possession against others and get a decree from court.

If it is unregistered even if it is revoked still you can claim for partition after death of your father since it was property of your grandfather.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

grand father cannot revoke gift deed unilaterally

2) once gift deed is executed your father and aunt were absolute owners of proeprty

3) on father demise his share would devolve on your mother , you and your siblings

4) file suit for partition to claim your share in property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

your grand father cannot revoke the gift deed

2) file suit to set aside unilateral revocation of gift deed and to claim your share in property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The diner has write to revoke the gift in case breach of gift conditions.

If you have share in the property by way of ancestral property please arrange your share certificates to claim the share.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

What you want to mean by saying Settled Gift deed? Gift deed and Deed of settlement are two different things.

If your grandfather has gifted the property to your father and he has accepted it then after your father's death, your grandfather cannot revoke the gift.

Mere not mutation of the property is not an issue. If you have all the documents then you can apply for the mutation now.

You can also consult any local lawyer to help you in this regard.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. IF it was a registered GIFT Deed, THEN it CANNOT /NEVER be revoked. AFTER execution of Gift Deed, the property stands transferred in name Fathers name and this cannot be changed, by anybody.

2. File for Letter of Administration, from the local High Court, and based on such decree, arrange for transfer & mutation to your name.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The gift deed having been executed once, couldn't have been revoked unilaterally post you father's death.

You need to challenge the cancellation/revocation of the gift deed in question, you been one of the legal heirs to your father.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You need to see an expert local civil lawyer and need to file a civil suit.

In any view of the matter, the fact as it exists is that you'll have a claim in the properties left behind by your grandfather.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Yes after donee's death gift deed has got void and hence gets revoke automatically. As per the Transfer of Property Act, 1882 under section 125 and 126.

2) So you are entitled to get your & your mother's share in the property of your grand father, under your father share.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

After Father`s death, deed cannot be revoked as unilateral cancellation of a valid gift is invalid and mere will of the

donor is void.

Father`s share in the gifted property, inherited in you.

Once Gift Deed is executed, it cannot be revoked except condition laid done u/s 126 of TP Act and Maintenence and welfare of senior citizen act.

Language of Gift Deed, also matters,

Show Gift Deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If it was a registered gift deed, then the donor has no power to revoke the same unilaterally.

Moreover the registered gift deed executed in the year 2010 in favor of a donee cannot be revoked or cancelled by the donor subsequent to the death of the said donee.

This act is illegal, invalid and not binding on the legal heirs of the deceased donee.

You as a legal heir to the deceased donee can challenge the same and can seek partition and separate possession of your legitimate share in the share of property that was transferred to your deceased father by his father by a registered gift deed.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dont be confused or worried about this.

Legally you and your mother have rights in your father's share of property that was transferred by executing a registered gift deed by his father.

The subsequent unilateral revocation of the registered gift deed by the donor is not valid in law and not binding on the donee or the legal heirs of the donee if the donee is reported to have died intestate.

You can file a partition suit seeking partition and separate possession of your father's share in the property which was executed by a rgistered gift deed in favor of your father and his sister jointly by a single gift deed.

You have to engage the services of an experienced and skilled advocate who should make the pleadings in such way that the opponent cannot question your rights or authority.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Was the gift deed registered by paying stamp duty?

2. If not then the said settled gift deed is not legally valid.

3. No title of property can be conveyed without registering the deed of conveyance.

4. If your late grandfather has not executed any will and has died intestate, his properties will be equally inherited by all his legal heirs including your father.

5. Your late father's legal heirs can now claim their share of your late father's share of your grandfather's properties.

6. If your grandfather has willed his properties in any body's name then he will be the beneficiary of your grandfather's said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. No registered gift deed can be revoked by the donee and there is nothing known as 'settled gift deed'.

2. Will can be revoked. Was it a will registered before the Registrar which was finally revoked by your grandfather?

3. You shall have to conduct the registry search to ascertain whether your grandfather had registered a will first which he revoked later on or had registered a gift deed.

4. If registered gift deed was revoked (which is not possible as per law), the challenge the said revocation of registered gift deed before the Court of law to establish your right on the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If the deed is revoked then no share on that basis. But you can claim your ancestral property share from this property.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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