• Gift deed

My mother gifted property to me in 2016. Which was in her name and her own earned. I got khata in my name and paid 2 years tax also. Now my elder brothers forcing my parents to get back my gifted property. Iam taking care of my parents from 10 years and now also. Is there any chance of cancellation of my gifted property. Iam worried please suggest me
Asked 7 years ago in Property Law
Religion: Hindu

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16 Answers

No it cannot bbe canceled now, specially because you did not force your mom to make this gift to you, neither there was any misrepresentation on your part.

Also, you have already taken possession of the property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

If your mother recalls this gift deed, and anybody attempts to interfere with your peaceful possession, approach the civil court asap

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Citation

Balai Chandra Parui vs Smt. Durga Bala Dasi And Ors.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Single party cannot revoke the gift deed.

It can be revoked only by court order. So to revoke the gift deed your mother needs to approach court on a ground that it was made forcibly or without her will. Then only after verifying her statement and considering evidences court gives order to revoke or to dismiss the case.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1. Since the gift deed was done voluntarily and there was no use f force or coercion the same is valid and it can not be cancelled by the donor anymore.

2. Since you are taking care of your mother she can not take resort to Senior Citizens Maintenance Act to set aside this deed ether.

3. So as lang as you perform the duty of a pious son. there is nothing to worry during her lifetime.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. It depends on the wordings in the narration of the Gift Deed as to whether it's a conditional gift deed or an absolute one.

2. We should look into the narration in the deed to decide whether the Gift Deed executed in your favour is a revocable or irrevocable deed.

3. If it's a revocable one, then it's possible to revoke and if it's a irrevocable gift deed, it cannot be revoked.

4. Get the Gift Deed examined by an Advocate to arrive at the correct decision.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

If you are taking care of mother in that case even she goes under citizen welfare and maintenance act you can contest and the gift deed cannot be cancelled.

Further in the normal circumstances the gift deed cannot be cancelled unilaterally.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further in my advise kindly pay some maintenance amount and keep record of hospital bills and other expenditure on your parents in case they go under the act for cancellation then it can be contested and gift wont cancel.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Once gift deed is executed duly stamped and registered you are absolute owner of property

2) mother cannot cancel gift deed unilaterally

3) need court orders to set aside gift deed

4) chances of gift deed being set aside are bleak

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

Dear Sir,

The property is yours and if you want you can sell it or mortgage it immediately saying you have some loans to discharge thus you can avoid future complications which your brother may create. The features of Gift deed are as follows. It cannot be cancelled without your consent.

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Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

Kishan Dutt Kalaskar
Advocate, Bangalore
6239 Answers
499 Consultations

1. Under Senior Citizens Protection Act the tribunal can on a petition filed by the donor (mother) cancel the gift deed if the donor pleads that subsequent to the execution of the gift deed the donee (son) has neglected in taking care of her. There have been thousands of cases where the tribunal has cancelled the gift deed on the ground of neglect by donee.

2. So if you have been taking care of your mother after the execution of gift deed then preserve all the evidence such as payments of her healthcare bills and any other sum of money spent on her welfare by you.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

The gift can only be cancelled in case any of the condition of the gift is breached.

If you have not made any such breaching of gift conditions then it cannot be and if your parents cancel the gifted you can contest it in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

a gift deed once made is irrevocable except for certain exceptions given in transfer of property act

your brother has no business to compel your mother to revoke the gift made to you

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

There are no possibilities to cancel the registered gift deed.

The gift deed is not revocable.

Your mother cannot cancel the gift deed unilaterally.

Only the court of law has the power to cancel the registered document tht too the court has to be satisfied with the reasons stated seeking cancellation, thus without a valid reason the court may also not entertain any suit for cancellation on this.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

Please answer my question .

You need not be worried about this.

Your mother cannot cancel the registered deed even if she is under tremendous pressure from your other siblings.

Since she is under your care and custody, she may not go against your wishes.

However you better take care of hr properly without letting her get frustrated over petty issues at home.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

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