When a gift is incomplete and title remains with the donor the deed of gift might be cancelled. That there is no provision in law that ownership in property cannot be gifted without transfer of possession of such property
I gifted a plot to my wife in 2011 through registered gift deed, which i was purchased in 2008 from my own income. afterwords in 2016 she filed fraud complaint in police station and also filed case of maintenance. so from this i was harassed by mentally. i also filed conjugal rights. for maintenance int-rem order passed. so due to all these, can i have any grounds to cancel that gift deed or any suggestion for better result in this case.
IN MY RESTITUTION OF CONJUGAL RIGHTS, ALL EFFORTS, MEDIATION FAILED NOW. SO CAN I AMENDMENT FOR DIVORCE IN THIS CASE ONLY. WHICH IS BETTER PLEASE ANSWER ME. THANK YOU.
When a gift is incomplete and title remains with the donor the deed of gift might be cancelled. That there is no provision in law that ownership in property cannot be gifted without transfer of possession of such property
After lapse of 7 years you cannot cancel the gift deed
2) you have to file suit to set aside gift deed but chances of success are bleak
You gifted a property to your wife through a gift deed. A gift deed is irrevocable and hence you cannot demand that the property be returned to you in spite of the relationship gone sour.
If mediation has failed and there is no chance of the relationship being normal again...then file a divorce petition in the family court. If the wife is also ready then agree upon some mutually acceptable terms and file a petition for divorce by mutual consent.
Regards
You need to file a suit for cancellation of the gift deed on basis that the funds used for buying the same are your exclusively
1. What she has done subsequent to the execution of gift deed is not a ground for cancellation of it. The court cannot cancel the gift deed on the ground that donee has adopted her legal remedies against donor.
2. You may withdraw RCR and then apply for divorce.
You can definitely put this put In your contest but a gift deed cannot be cancelled without the violation of gift clause.
As gift has been made due to affection so the cancellation of gift deed will not be possible in this case.
See let court pass order in the conjugal rights then when she refuses to join file divorce that would be better ground for contested divorce.
Though you can amend the proceedings and file for divorce.
Dear Sir,
- Yes, the petition for divorce can be filed due to failure of mediation
Regards
Vivek Arya
1. In normal circumstances Gift Deed is "irrevocable", since it is made without consideration and with natural love and affection.
2. HOWEVER, "IF' can prove that you were forced /threatened /coerced /mislead to execute the Gift Deed and that there was no "love & affection", THEN the Gift Deed can be revoked thru a Civil Suit.
Gift deed cannot be cancel except if executed under force / undue influence etc.
Not amendment but fresh divorce petition will file.
Dear Sir,
You may file separate case for divorce by withdrawing RCR instead of amending RCR. Secondly you can cancel gift deed in the developed circumstances since she is making issues with you and she is giving trouble to you. Usually gift deed cannot be withdrawn are cancelled without the consent of the donee. In your case the background is all together different.
The proeprty transferred by a registered gift deed cannot be retrieved nor the gift deed can be cancelled especially after a lapse of three years from the date of its registration.
You may have to look for some other alternative.