Hi All, Thanks for reading this and giving your valuable time:) Let me summarize the scenario before putting the question. My grandfather has 2 sons(His legal heirs). My father is elder one. In the year 2002, My father's brother did love marriage. My father and his brother decided to share the properties. The property is of ancestral origin. My grandfather is the elder one in the whole family. By that time My father has 3 children- myself, my younger sister and elder sister. My uncle had not children by that time, because they are newly married. My uncle got his shares as Will deed from my grandfather. My grandfather gave remaining portion as gift deed to me(his grandson). Then my uncle quarried his land, made huge money that time and now that land is useless( Quarrying made the land useless for agriculture and no one is willing to buy that land now). Also my father paid all the expenses for my uncle's will deed and gave some amount of money to him to build a house for him(We have a proof for this). Also the gift deed is registered and I was minor by that time, Mt mother is legal gaurdian for me until I am minor. Now I am a major. My uncle has 3 children. Now he claims like wants share from the gift deed(which my grandfather gifted to me) for his children. Can my uncle's children revoke this gift deed? I read the gift deed document, there is no statement for revoking this gift deed in that document. Also my grandfather is not alive now? Since my uncle got his shares through Will deed, he is claiming again for shares from the property which I got as Gift from my grandfather. Can my uncle revoke this gift deed for his children. Does my uncle's children has right to claim my property which I got as gift from my grandfather. Thanks for your support.
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1) once gift deed is duly stamped and registered you are absolute owner of property
2) your uncle has no share in property and he cannot revoke gift deed
3) his children have no share in property
4) your uncle will have to file suit and need court orders to set aside gift deed
1) As per ancestral property grand father can't make WILL or GIFT deed of whole property.
2) Yes, grand father can make WILL or GIFT deed of his share, SO now question comes that is this property divided in three equal shares i.e. among grandfather and his two sons, Than if 1/3rd of property is got as WILL to your uncle than he does not have any rights in it ot the GIFT deed is equal to 1/3rd share of grandfather's than also your uncle's sons can't claim in your property.
See in normal circumstances the uncle or his children cannot revoke the gift deed. No one accept you has right over the land which your grand father gave you by way of registered gift deed.
If the property is ancestral then your grandfather can't gift it without consent of other heir. But If its self acquired then he can gift it and other will not have any claim
Gift once executed cannot be revoked. Gift deed s irrevocable. So once the gift deed is registered it becomes the sole property of the donee I.e., person who received the gift.
But in case if the said deed was registered due to threat fraud or by force then it can be revoked and the same has to be proved before the court.
Neither your uncle nor his children can legally revoke the gift deed now. Your grandfather had gifted you the property during your age of minority and it was duly accepted by your mother on your behalf. You are free to possess and enjoy the property to the exclusion of all others.
Dear Client,
By virtue of gift deed, you are absolute owner. Deed cannot be revoked neither cousin's have any claim.
Hi,
Your uncle or his children can't ask anything in the property obtained from gift deed.
The gift deed cannot be revoked at this stage especially when the donor is not alive and since the gift deed was made when the donee was a minor by age, hence the claim made by others is not maintainable in law.
Since this property was your grandfather's own and absolute property, he had absolute and marketable title to transfer this property to your name by a registered gift deed, hence no claim by anyone in this regard is maintainable in law.
It becomes your own and absolute property.
