Hello,

It is not clear where the property is located . If it is located in the usa then the law of us will apply . But if it is in india , then the law is once a gift deed is registered. it cannot be cancelled .

Hope this helps.

Regards.

1) it is necessary to peruse the gift deed to advice

2) gift deed must be containing a clause that the right to income would be with the donor during his lifetime and thereafter would be vested in the donee.

3) It was open to the donor to transfer by gift title and ownership in the property and at the same time reserve its possession and enjoyment to himself during his lifetime. There is no prohibition in law that ownership in a property cannot be gifted without its possession and right of enjoyment.

4) There is indeed no provision in law that ownership in property cannot be gifted without transfer of possession of such property.

5) father cannot revoke the gift deed unilaterally

i presume that gift deed was duly stamped and registered

2) it was attested by 2 witnesses

3) The recitals in the gift deed prove transfer of absolute title in the gifted property from the donor to the donee. What is retained is only the right to use the property during the lifetime of the donor which does not in any way affect the transfer of ownership in favour of the donee by the donor.

4) father would need court orders to set aside gift deed

Once a property is gifted then it can’t be revert back it’s a well settled law in US also.

And in your case he is having all time living interest in the property which you cannot deny as I would also advice you to not to do that.

If he himself leaves the house then it’s ok, but you don’t do anything so that he can take advantage of it.

Good Luck...!

Dear Client,

Three elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee and is irrevocable once GIFT is made.

Only Court can set aside valid gift if the circumstances suggest that the donor was, in actuality, defrauded by the donee, coerced to make the gift, or strongly influenced in an unfair manner.

So, creating a life interest is not valid, neither can take back the property.

Except the Gift Deed is no revocable.

US Law on GIFT.

Yes if it is the self acquired property then he may take the same back.

However you can claim the tight in the share of your mother.

Regards

No offence, but this site on the homepage clearly mention ‘Changing the way people get legal help in India’ and as such one should expect the lawyers on panel to be aware about the Indian law ans not US law.

Kindly take advise of some US based lawyer in US itself.

Regards

1. It is not clear wther your mother left any Will in your favour or not or whther she duriing her lifetime made any gift deed or not.

2. if not then on her death her half share get divided between you and your father making your father 1/3rd co sharer of this property.

3 Now during his lifetime your father can deal with his share in any manner he wants including transferring his share to his new wife or a third party stranger.

Hi, if the property has been transferred in your name he cannot take back the property.. However his interest rights to stay in the house cannot be challenged till he is alive

If the property is in your father's name then the registered settlement is valid.

Your father cannot alienate the property to anyone since his rights in the property have already been transferred.

He has only lifetime interests in it as his rights in it.

You are the absolute owner but your cannot avail the same before your father's lifetime.

Clearly the property is in the US., Maryland to be precise. I was hoping you could elaborate on the law. If you do not know US. law it should state that on the site before payment. No disrespect.

The US laws are differnt to Indian laws of inheritance.

You may approach a lawyer at US for better understanding.

1. A GIFT Deed CANNOT ever be conditional and is perpetual, even in USA.

2. In lieu of above, Property once Gifted, CANNOT be rescinded, under any circumstances.

Keep Smiling .... Hemant Agarwal