Father cannot revoke gift deed unilaterally
He woukd need court orders to set aside gift deed
Father made a gift deed of flat to his son. Gift deed was registered in the office of registrar. both son and father sign it in the presence of Registrar.This gift deed had been entered by Patwari in his revenue records. Mutation of gift deed got done in the office of Registrar. This property was inherited by father form his late father. Now Father is threatening his son that he will revoke the gift deed.Is there any ground under the present circumstances for father to Revoke/Cancell the gift deed? PLs reply quoting relevant sections of law. Thanks
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Hello
Normally the gift deed is irrevocable but an act passed by the parliament states that a Transfer of property from a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen’s welfare.
Sir the gift deed though cannot be revoked unilaterally as it gives absolute ownership rights but only option to revoke it under the Senior citizen welfare and maintennace act if children doesnot keep senior citizen parents they can revoke such gift by filing to tribunal under section 23.
Dear Sir
Normally Gift Deed cannot be revoked without the consent of diner.
There is dangerous Act called SENIOR CITIZENS ACT under if father is senior citizen then he can revoke on the ground of fraud and misrepresentation.
in normal proving such ground is difficult.
What will be position if father had accepted money in his bank account in lieu of property gifted? Is he liable for criminal proceedings?
You have to prove that the money was accepted by your father in lieu of the gift. Criminal proceedings can be initiated only if you allege that the money was taken fraudulently. The money can be shown that it was taken and it was not a gift but a sale.
Regards
If your father is alive and here need any gift to you you as per the terms of the gift he may revoke the gift deed and reclaim the property.
The matter of payment to the father's bank account is a matter of contest and for that purpose you have to file a money suit to recover the amount paid.
Please note that this property does not covered in the ancestral property so your father have all the right to dispose the property as per as wish.
Sir for gift there cannot be any consideration but he goes for case then same amount can be shown in lieu of his maitnenance and care. No he won't be liable for any criminal action.
Father is not liable for criminal proceedings
Gift deed is executed out of natural love and affection
Registered Gift Once executed Can not be Cancelled by other Party. Person who has Executed gift deed can however Approach Civil Court for Cancellation of Gift Deed alleging Fraud , Misrepresentation , undue Influence etc.
Yes the same can be revoked by the father.
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides for the same.
the Kerala HC in one of the judgment has also held the same
You may read the judgment at the following link:
https://drive.google.com/file/d/0BzXilfcxe7yuTVktR0ZLY1hlbGM/view
Regards
A. Registered Gift Deed cannot be cancelled unless both parties agreed. Gift Deed can be cancelled in the event of Gift Deed was executed under certain conditions and compliance of legal obligations and responsibility and non compliance of conditions may be reason to cancel the Gift Deed by operation of law.
B. Hence, scrutiny of the Gift Deed's terms and conditions or recital of the Gift Deed is very crucial part to come to conclusion. And Gift Deed must have been executed without receiving any consideration.
1. Legally & Strictly speaking Gift Deed (duly registered as you mentioned) once mutated CANNOT be revoked or cancelled.
2. HOWEVER, "IF" the Gift Deed, was a conditional Gift Deed with strategic clauses, THEN it can be revoked, BUT only through following due procedure of law in a court.
Keep Smiling .... Hemant Agarwal