• Can gift settlement deed cancelled my sister given to me she got from husband property

My sister husband got property from ancestors.after husband died. 60 years back property transfed to my sister.she brought me along with me after marriage .she has 2 daughter and no male children .both daughter got married .older daughter left her husband came back to here mother.2 daughter got married .iam lookafter everything to here after husband died .and she given here property by gift settlement deed to me 16 years back by registered deed . When my sister died I have done funeral as own son do . My sister daughter has taken signature of my sister in bond paper by missleding to her .and in bond paper written the same property which my sister given me . daughter has field a petition to me ,my sister and older daughter in court to partition the deed. during my daughter marriage my sister has done marriage taking loan . daughter went bank not to give to loan to here .I went there ask my sister daughter she taken to her home here husband bring bond paper written that in bond .my registered gift settlement deed is fraud .and to give 1 kg silver ,50000 rs ,and 4 tolas gold .iam not willing to signed here sons and some other forced to signed under pressure.me and my son signed .and she filled case on me saying that gift settlement deed to cancel and the property to give 16 years onward case is going now final stage came and saying to me u will win please tell me suggestion
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

You have strong case on merits

2) once gift deed is executed duly stamped and registered you would be absolute owner of property

3) your sister has not in her lifetime filed any suit to set aside gift deed

4) no need to bow down to their unreasonable demands

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) Don't sign on any papers if property has been transferred on your name than no need to worry. If orally you feel to give any property to your nephew than give it as per natural law.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Once a registered gift deed is executed by the donor then even the donor cannot revoke the same unless by due process of law. Any bond paper signature obtained by your sister daughter will not stand in court since the gift deed is registered as such you become owner of property. Secondly after gifting property your sister even if alive did not have any right on property as such the case filed by your sister daughter will not stand in court of law.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1)After the gift deed has been executed it cannot be cancelled unilaterally.

2)It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firslty, as per the information provided by you in the present query, makes it clear that property fisrt came to her husband thereafter, his death as no one was there as a male child, so property case to your sister.

Secondly, once it has come to her then it was her property, and she had all right to transfer it to anyone she wished to, which she gifted to you.

Thirdly, you are in a very strong position as to cancel the gift deed in the absence of the person who made it, not so simple to prove it as fraud or by coercion.

Fourthly, you please don’t write anything on anything, just wait for some more time, and you will be in a win win situation.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

In India, a registered document can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge. Therefore the general rule on who can challenge a document is that, those persons whose rights, title or interest are directly affected by the document can challenge the document.

In your case the executant is not challenged the document and the challenge is comes after 16 years which is not sustainable in thee ye of law. Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee . Donor cannot unilaterally cancel the gift. It has to be done only with the consent of donee.Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.

For reference : 2008 1 MLJ 193 SC, 2007 13 SCC 210

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Sir the registered gift cannot be cancelled they have to establish it was fraud and force since they are not able to establish same the gift deed cannot be cancelled by the court. Further the unregistered bond as such has no value only it can be corroborative evidence . Further the last part is not clear please mention the last part clearly, these facts are not clear.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

By virtue of GIFT/settlement deed, you are absolute owner, such bond has no value. Neither it can be cancelled at the instance of her daughter. No locus standi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

You have a strong case and as per your input here, you are likely to win the case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello Sir

First of all I would like to let you know that once anything gifted by way of registered documents the same can not be cancelled or return in accordance with law. Secondly if the dispute had arose between the family in respect of the gift to be declared as null and void in such a situation burden of proof upon the other party who stated the gift deed is executed after playing upon fraud or misleading. However, the law is very clear. Thirdly it has to be notice that if they have knowledge that the said gift deeds had been executed more than 16 years ago, then the party to the case have specific knowledge and the same is time barred. As per law of Limitation, within 3 years of limitation they have to file case, if the same is delay beyond the time then the case is not maintainable.

Regards

G.L.Soni

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

1. once gift is registered in your name it cannot be revoked by the daughter of your deceased sister by taking some declaration from you on a bond paper

2. the registered gift deed has to be cancelled and a cancellation deed has to be signed and registered between donor and donee

3. in your case that has not happened, so your sister's daughter cannot claim any partition as the gifted property belongs to you

4. a valid gift can be revoked by donor only if he can prove that the gift was obtained by fraud or coercion OR there is a certain event/condition which is mentioned in the gift deed on the happening of which the gift would stand revoked. However such a condition must be independent of the will or desire of the Donor.

5. a gift once made becomes final and cannot be revoked except in the circumstances above

6. also if the donee has sold the gifted property to someone which gift was subject matter of certain condition on happening of which the gift was to stand revoked and the buyer of donee was not aware of such a condition and he also paid consideration to donee for the property, then even if the condition mentioned in gift deed occurs, the gift cannot be revoked because that would affect the right of the buyer

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

If this proeprty was on your sister's name and she had a clear and marketable title to the property then the transfer of proeprty to your name by executing a registered gift deed is very much valid

However if the property devolved on her husband name and if he is reported to have died intestate then the property shall devolve equally on all his legal heirs namely his wife and his two daughters.

In that circumstance the gift deed and ther transfer of proeprty to that extent insofar as her share is concerned only shall be valid and not beyond that.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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