Is a property gifted through due registration revocable?
My father aged 82, still living with me, gifted an immovable property through a duly stamped registered gift deed in 2007. I want to know (1) if this deed can be revoked by the donor (2) if at all it can be revoked by the donor, please specify the grounds/circumstances under which it can be revoked by the donor? (3) whether other legal heirs (my sisters) claim any share in the property gifted to me? (4) If my father writes a 'will' bequeathing the said property, now ie., in 2015, to other legal heirs (my sisters), is it legally valid and come into effect after the demise of my father? (5) are my sisters find sound ground to challenge the gift in a court of law?
Asked in Property Law from Erode, Tamil Nadu
1. After the gift deed is complete the gift deed cannot be unilaterally revoked.
2. To revoke the gift deed your father has to go to court and seek the cancellation of the deed. There is no other legal recourse available to him.
3. No other legal heir can claim a share in the property which has been gifted to you. You are the owner of the property now.
4. Your father cannot make a will now as he has gifted the property to you.
1) gift deed cannot be revoked . You are absolute owner of property
2) only in case gift deed was executed under fraud or coercion can gift deed be set aside by court orders
3) no other legal heirs cannot claim share in property
4) will cannot be made by father as he is no longer owner of said property
5)no chances of success for your sister are bleak
Hi, Once the property is gifted to you it can not be cancelled.
2. The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed.
3. If the property is the self acquired property of your father then your sisters has no right to claim their share in the gifted property and if the ancestral property then they have to a file suit for partition claiming their share.
1) The registered gift is irrevocable. The donor cannot revoke it . It is absolute.
2) The gift deed can be cancelled if the donor and donee mutually agree to do so.
3) Your father cannot will the gifted property. Even if he does so it will be invalid.
4) There's no way your sisters can challenge the gift deed in a court of law.
Once the gift is gift is complete and the possession is transferred there is no revoking it. The property changes ownership and cannot be a subject of your fathers will any more because it is not his to give any more. But all of this is true and permanent only if gift was made according to due process of law. If there was any mistake then such mistake can be used to challenge the gift deed.
1. & 2. Legally executed and registered Gift Deed can not be revoked unless the same is a conditional gift Deed,
3. Other legal heirs can bot claim any share of the said gifted property unless it is proved before the Court of law that the said gift deed was executed by your faher being illegally subjected to coercion,
4. No. As soon as your father gifted his said property by executing and registering the gidt deed, your father ceased to be the owner of the said gifted property for which he can not bequeath it anybody,
5. The only thing your sister can do to claim their share of the gifted property is to challenge the authenticity and legality of the gift deed.