My self acquired property was gifted to my parents in 1997. My father had left home some time in early Eighties and still not returned. No one knows whether he is dead or alive. The property still lies in the name of the person from whom I bought in 1981. My mother who is about 82 now wants to return the property to me but my sisters object. Given this backdrop can I revoke the Gift Deed executed in the name of my parents on the grounds that: (A). Mother wants to return the gifted property to me as I am homeless, (B). My father is yet to accept the gift. If yes, kindly advise me the process and procedure to be followed.
1, Gift deed unless conditional can not be cancelled even with the consent of both donor or donee.
2. Gift deed once registered becomes final and only way to reverse it is to make the donee transfer the property to the donor.
3. So since your mother is the half share holder of it can gift her undivided one half share.
4. But the remaining half share belonging to father if made civilly declared as dead is liable for equal division among his legal heirs which include his widow and children.
Immovable property can only be gifted by registered gift deed to transfer title.
Gift is complete the moment donor has gifted and donee has accepted the gift.
The said cancellation of Gift deed may not be of any effect.
Court alone can revoke the gift deed.
1. Mother has to make gift deed of her share to you again.
2. if father has not signed the gift deed he has no right.
Further with help of mother you can file a civil suit for cancellation of same so that you can keep it. Further since the father has not accepted the same he has no right.
Also whether the deed is registered or not??
1) If your mother is ready to unaccept or cancel to gift deed than its ok and it can be return back to you. Here your sisters or siblings nothing to do with this gift deed.
2) You have to follow cancellation of gift or revocation of the gift.
Revocation of gift deed cannot be done unilaterally
2) it can only be cancelled with mutual consent of parties
3) you need court orders to set aside gift deed as your father is not traceable
Hi
Yes gift deed can also be revoked here following various steps as two of the steps you mentioned here.
Another can be like " you were not in good state of mind while executing the gift deed."
Also your sister's object is of no value if your mother is ready to get the property transfered to you.
Thank You
You have to file revokation suit to revoke it as gift can be revoked only by court order.
My mother is 82 years old with sound mind and ready to do anything to return the gift back to me as it is my self acquired property gifted to parents and I am homeless. I want to buy from my mother her share of ownership rights in the property at fair price and then revoke my father's right on it through a Court Order subsequently as he is yet to accept the gift and is not traceable. Can these be done and if yes under which Act or Rule in Kerala?
As advised earlier your mother can gift her hare but you can not cancel the share of your father.
Once he is declared civilly dead then his half share wil devolved upon your mother, you and your other siblings, if any as stated above.
Specific relief act under the provision for cancellation of the document, you have to pray before court for cancelling the document as the gift is not taken by father and it is not conveyed so gift deed is not executed and acted upon.
Sale deed can be executed by mothervin your favour to sell her 50 per cent share in property
Sale deed should be duly stamped and registered
You can file suit for revocation of gift deed done in your father favour
1. Mother can mutually revoke the Gift Deed declaring that the Gift possession was never accepted and that her Husband was missing before the Gift Document. Mother has to file a stamp duty paid registered "declaration deed" stating her intention that she cannot accept the Gift and wants to revoke the Gift Deed. You will need to file civil case to declare Father as Missing or Dead for over atleast seven years, based on statement affidavits of neighbours /relatives and a Police Report relating to the same.
2. ALSO check whether the Gift Deed was duly Stamped and Registered at then time, since a unregistered Gift Deed is as it is null & void.
3. IF above is not feasible, then Mother can also execute a registered will bequeathing you the property (now classified as self-acquired), by following due procedure of law.
Keep Smiling .... Hemant Agarwal
1. as your father was not present to accept the gift, the gift to him did not happen in the first place at all
2. the gift only happened to the extent of 50% share to your mother
3. you are still entitled to balance 50% share in the property
4. your mother can easily make a gift of her 50% share in your favour by executing a gift deed for which 'NO' NOC from your sisters will be required and they cannot even object against the gift by your mother of her share to you
1. You say it was gifted to your parents. If the gift deed was executed jointly in favour of your parents then your mother can execute a registered cancellation deed of her share in the said property. Alternatively, your mother can sell the property to you through a sale deed. Your sisters have no right to object to the cancellation/sale by your mother of her share.
2. On what basis do you say that your father is yet to accept the gift? In case of a gift deed the title passes instantaneously to the donee from the donor. A declaration of father's death has to be sought from the competent civil court. Thereafter, his share will devolve through intestate succession.
1. If this gift deed was executed by a registered document then you may not be able to revoke the same for any reason.
She can transfer the property by a registered setlement deed to your name.
2. If your father has left the home in the early eighties, then how can you make your father another donee along with your mother? however since your mother accepted the gift, now it cannot be revoked or cancelled unilaterally.
My mother is 82 years old with sound mind and ready to do anything to return the gift back to me as it is my self acquired property gifted to parents and I am homeless. I want to buy from my mother her share of ownership rights in the property at fair price and then revoke my father's right on it through a Court Order subsequently as he is yet to accept the gift and is not traceable. Can these be done and if yes under which Act or Rule in Kerala?
Your father's share shall devolve on his legal heirs, if he is declared civil dead.
The gift deed insofar as his share is concerned cannot be revoked, your mother can execute a registered settlement deed in your favor insofar as her share in the property is concerned. For identifying her share in the property, in the absence of your father who is a cosharer, she may have to file a partition suit, get and exparte order, get her share identified through court, and then her share can be transferred to your name, no doubt this process may consume a little time, but if you wait to set right things properly and in a legally valid manner, you may not have mush better option.
1) Straight forward you can go for revoke and pay fair amount to your mother.