• Cancellation of gift deed

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.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

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

Ganesh Kadam
Advocate, Pune
12926 Answers
254 Consultations

4.9 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

With draw your RCR petition and file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

Gift deed cannot be cancelled without consent of donee.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file divorce on the grounds of cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The gift deed is absolute it cannot be cancelled now she is owner of said property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deedthen it may be cancelled by executing a deed of cancellation.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir,

 

- Yes, the petition for divorce can be filed due to failure of mediation 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Gift deed cannot be cancel except if executed under force / undue influence etc.

Not amendment but fresh divorce petition will file.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

  1. As per the information mentioned in the presnet query, makes it clear that you have gifted the property and I believe that the same has been duly executed/ registered also.
  2. So, the chances are almost zero to cancel the gift deed now, but if you happen to prove that you yourself had no idea about the gift deed and it was forged by your wife then may be able to get it canceled as per law (though not so easy as it sounds like).
  3. And RCR order is not obligatory on the wife to come back to you.
  4. At the end, you may have to file a divorce petition on various grounds including the forgery of gift deed (only if you can prove it).

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

You may not be permitted to amend the restitution case to divorce case, instead you can withdraw the same and file a fresh divorce case on the grounds of cruelty

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

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