• Cancellation of gift deed

My father expired on 14th march 2005 leaving 4 sons and 5 daughters. All r married. Gift deed executed in favour of 2 son only. Other two son went into appeal. Later on 1 son withdrew his cae and case carried on by other son. 3 three son decided to settle case and accordingly 2 sons gifted 1/3 portion in the property to remaining one son. The remaining son sold that property to third person without taking consent from other two son and property is undivided as of today. But third party transferred his name in 71/2 abstract. my quetions are 
1. Can sister take objection for gift deed and such gift deed can be revoked in the future.
2. Is it beneficial to do probate to avoid future litigation 
3. Can third party be protected by court of law due to transfer
4. Is there any time limitation for revocation of gift deed 

pls advise

Thanks in advance

Asked 3 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) sister should have filed suit to set aside gift feed with her brothers  

2) how  many years have passed  since execution of gift deed ?suit should be filed within 3 years

3)gift deed cannot be set aside unless it was executed due to fraud or undue influence 

4)Third party is bonafide purchaser of 1/3rd share
Ajay Sethi
Advocate, Mumbai
46636 Answers
2757 Consultations

5.0 on 5.0

1. The property was gifted to two sons. On challenge by two sons to the gift deed, a settlement was reached whereby and whereunder 2 sons gifted 1/3rd share in the property to their brother.

2. Since no share was given to any of the 5 daughters none of them can seek a share in the property. They cannot challenge the gift deed in the court.

3. Probate is applied for the will and not gift deed.

4. Third party rights will be protected if the ownership is transferred by the lawful owner,

5.Gift deed cannot be revoked after the gift is complete.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Supposing the gift deeds mentioned are all registered ones and there is no WILL made by the father
1. Since gift deed is an absolute title transferring document once it is execute and accepted by the donee, it cannot be cancelled unless both doner and donee mutually decides to do .

2. In your case donor of the deed , the father died so challenging the gift deed is not easily possible
The sisters will not succeed in challenging the gift deed.   Gift Deed once execute can not be cancelled( under sec.122 Transfer of Property .Act,only court can cancelled it by a declaration suit by the donor if there was any fraud and coercion happened at the time of execution,but in rare cases court would cancel the 

3. The Probate is possible only if there is an existing WILL by the father. Is there any WILL , you have not mentioned about any WILL executed by the father.
4. There is no time limitation to revoke the Registered gift deed and it can  be done only through a court order. and the suit of declaration to cancel the gift deed has to be filed within three years of the knowledge of the existence of the gift deed gift deed
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. Duly executed and registerd Gift Deed is irrevocable. Sister has no scope or right to get it cancelled,

2. There is no scope for any grant of probate in case of Registered Gift Deed.Probate is granted by the Court in case of Will,

3. If the transfer of title has been legally carried out by the bonafied donee, then it is a valid transfer. If this property is a dwelling house where all are living together, then other brothers should have been offered the said sold portion to buy at the same price at which it has been sold to make this transfer to the third party valid. it is called pre-emption,

4. Registered Gift Deed is irevoacle.  
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

1) Gift Deed once made is absolute. It can be revoked only if both the parties, the one giving the gift and the one accepting it agree to do likewise.

2) Probate is always advisable to avoid future litigation. But if the property is already gifted you will need to deal with it before applying for probate.

3) The third party has no protection just because the property  was transferred. The question will arise if the person who does had title as the gift itself is getting challenged.

4) There is no time limitation for revocation of gift deed provided both the parties are agreeable to do so.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

A. What is the nature of property of your father? whether it is self acquired or ancestral or joint family property?

B. Once the Gift Deed executed by legal manner that cannot be cancelled except decree of the court.

C. Your sister and brother objection is depending upon the nature of property, i.e, ancestral or joint family property.

D. Probate will be applicable in the Will cases, not Gift Deed.

E. The third party can be protected under the bona fide purchaser without knowing the material facts subject to the establishment of non awareness of the claims and facts.

F. Gift deed can be set aside on grounds of undue influence and fraud, Period of limitation of 3 years. Therefore, after 3 years, it is barred by law of limitation.

G. Time from which period begins to run: When the facts entitling the Plaintiff to have the instrument ( Gift Deed)  or decree cancelling or set aside or the contract rescinded first become known  to him ( Article 59 of Law of Limitation).

B.T. Ravi
Advocate, Bangalore
835 Answers
57 Consultations

5.0 on 5.0

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