• Emotionally harassed for the gifted property

Yes it's my dad who have gifted me a site of 30/40 in two partitions, me and my husband have invested all our sources,savings and loans and constructed s house, now my dad is claiming 15 lakhs and already have taken 10 lakhs without any proofs and blackmailing us emotionally that he will cancel gift deed . Wat is that I can do in this situation. My husband is in private job and I'm unemployed and having two kids and have no other source of income except this house.inspite of my dad having so many sources of income he still wants income from us.
Asked 7 years ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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17 Answers

Your father cannot unilaterally cancel gift deed 

 

2) he would need court orders to set aside gift deed 

 

3) suit would take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

Your father is an educated person and has of his own free  will executed gift deed 

 

he has to prove that that he was cheated by you 

 

as mentioned earlier suit woukd take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

Normally gift deed can't be cancelled unilaterally. But he can challenge it stating that it was obtained through fraud or he can challenge the same in senior citizen court. You can file criminal Complaint against him if he harrasses you for the same. Till he doesn't initiate any civil procedure for the said gift deed you don't initiate yourself

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

In India, a registered document (including a will) 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. 

 

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Once a gift is complete, the same cannot be rescinded.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.

 

So it is not easy to cancel the gift deed.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1. Gift deed can be got cancelled by him by filing case before Senior Citizens Tribunal on the ground that you have neglected taking care of him after the execution of gift deed. 

2. If your dad has other sources of income then gift deed cannot be cancelled by the tribunal on the ground of neglect. He will have to prove acts of cruelty by you. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) 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) Otherwise you can make MOU further pay little bit amount and add 10 lakhs rupees which you have given him previously. against this property instead of gift taken consideration make it sale deed type agreement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

He can file cheating case but he need evidence to prove,  if you have any proofs about transaction of 10lakh then you can file Recovery suit against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Hello,

file a case against him. If there is no cruelty on your part against him then he can not unilaterally revoke the gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes he can file a case on the said ground. But you will be called by the court to answer the contentions raised by him.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See if dad is capable of maintaing himself and has source of income then even he files a complaint in senior citizen act for cancellation same can be contested. You just take care of his maintenance if he is not able to maintain yourself.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See even he file case he needs to put strict proof of same therefore you have already given him 10 lakh even if files case based on same you can contest that. Further if father is harassing you intimidating , you can file a police complaint agaisnt father.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your dad can claim the property back but he would have to show that he had gifted you the property on promise of being looked after and you have denied to any such agreement and are ignoring him. Therefore if he has income from multiple sources and is well off he cant plead this and take his property back. You must he having some proof of the Moun tg you gave him.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If this property was transferred to your name by your father by executing a registered gift deed, then he cannot cancel the gift deed unilaterally.

At this stage i.e., after three years of transfer, he cannot file a cancellation suit also before court since it is barred by limitation.

Hence you need not give him any money next time if he demands. However since he is your own father, you may help him out with some monetary assistance.

 

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

You dont file any case against him.

Let him file a suit seeking the property back, since it is not maintainable you may properly challenge the same and get it dismissed.

 

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

Dear Madam/Sir,

A gift deed cannot be nullified or cancelled unilaterally without your consent. He cannot do any thing. You have absolute ownership over it.

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
6230 Answers
499 Consultations

Yes he needs to prove that in court. You need to falsify his claim.

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

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