You cannot unilaterally cancel gift deed
you need court orders to set aside gift deed
I got mutually divorced adding a condition from my ex wife that, to gift half the property undivided to my daughter(7yrs old)and myself to a guardian to it in 2017. Now can i cancel the gift deed. I am not able to take any loan in securing my daughter..
Gift deed once made can not be cancelled unilaterally If other paties agree then only it can be cancelled by another deed.
1. Gift Deed, once registered, can not be revoked or cancelled even if it has been executed in favour of a minor.
2. You can not seel or mortgage the minor's property without the written leave of the local District Judge who is considered as the Trustee of all the properties of minors falling in his jurisdiction.
Yorn query is not clear to em as regards whether the gift deed is already made in the name of your daughter or not.
If yes tne the said gift deed can not be cancelled at all.
Even at the time of sale or mortgage of the said property gifted to your daughter, you would need the permission of the court.
the court being the ' parents patrie; f your child nothing can be done in respect of the property during her minority without the liberty of the court.
See you cannot cancel the gift but with permission of court you can sale the property for benefit of child or can mortgage same taking loan on it.
You as guardian can file an application before district court seeking such permission.
Gift deed can not be set aside unilaterally
only with the consent of the other party the gift deed that has been executed can be cancelled
Dear client
A gift deed once registered cannot be revoked until and unless you can prove that it was obtained by beneficiary by some fraud.
You can file for cancellation of the gift deed, if the same was obtained by way of fraud, undue influence, coercion misrepresentation or under duress by you.
You would also need documentary evidence to prove the same. The onus of proof would be on you to prove that such fraud (or whatever ground you take) had actually happened.
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 deed then it may be cancelled by executing a deed of cancellation.
Dear Sir,
Normally it cannot be cancelled on the following principle.
However there are exceptions to it like providing her with alternative property etc
Gift Deed – once registered 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.
1. Shivakumar N 2.Radhika N The 1St petitioner agreed that towards the interest, welfare and future benefit of his minor daughter he has agreed to Gift undivided half portion of the residential property bearing No.9/1 (Old No.1245:9 Later 1246:9-1), situated 2nd Cross, Ashoknagar, Banashakari 1st Stage, Bangalore measuring East to West 27 feet and North to South 35 feet. Gift Deed registered No.6071/2017-18, dated 08.12.20:17 before the Chamarajapete Sub-Registrar, Bangalore in the name of their minor daughter Aarna S Kumar. The said. gifted *property is mortgaged to Hanumanthanagar Co¬operative Bank. The 1st petitioner agreed to clear the loan within the stipulated period. 8. The 1st petitioner has agreed that in the interest and welfare of his minor daughter, he shall have right to deal with the property to be gifted by him to his daughter till she attains majority. The 1st petitioner agreed and admit to take care of all other financial • needs of his minor daughter Aarna S Kumar .for her benefit and welfare in future. The petitioner No.2 also agreed that she may also render her --contributions towards taking care of her minor daughter's financial neecrs n.future. It).11-fe petitioner No.2 has agreed that she do not have claim any Islimpny/maintenance from the 1st petitioner. The petitioners are in possession of any movable/ immovable °property belonging to each
1 shivakumar 2 radhika The 1St petitioner agreed that towards the interest, welfare and future benefit of his minor daughter he has agreed to Gift undivided half portion of the residential property bearing No.9/1 (Old No.1245:9 Later 1246:9-1), situated 2nd Cross, Ashoknagar, Banashakari 1st Stage, Bangalore measuring East to West 27 feet and North to South 35 feet. Gift Deed registered No.6071/2017-18, dated 08.12.20:17 before the Chamarajapete Sub-Registrar, Bangalore in the name of their minor daughter Aarna S Kumar. The said. gifted *property is mortgaged to Hanumanthanagar Co¬operative Bank. The 1st petitioner agreed to clear the loan within the stipulated period. The 1st petitioner has agreed that in the interest and welfare of his minor daughter, he shall have right to deal with the property to be gifted by him to his daughter till she attains majority. The 1st petitioner agreed and admit to take care of all other financial needs of his minor daughter Aarna S Kumar .for her benefit and welfare in future. The petitioner No.2 also agreed that she may also render her --contributions towards taking care of her minor daughter's financial neecrs n.future. My question is I got mutually divorced adding a condition from my ex wife that, to gift half the property undivided to my daughter(7yrs old)and myself to a guardian to it in 2017. Now can i cancel the gift deed. I am not able to take any loan in securing my daughter..
You can not cancel the deed unilaterally and since it was a condition of MCD therefore the consent of the wife will also be required.
Regards
That's what I answered as you mutually agreed for that condition you need to again go for modification of the said order
You cannot cancel the gift deed executed in favour of your daughter
onve gift deed is executed your daughter is absolute owner of property
1. The clause you have put in your agreement statting "The 1st petitioner has agreed that in the interest and welfare of his minor daughter, he shall have right to deal with the property to be gifted by him to his daughter till she attains majority." is not as per law.
2. You can not deal with the said gifted property of the minor without the leave of the local District Judge.
1. You can not cancel the gift deed already registered by you.
2. You shall have to file an application before the District Judge preaying for his leave for mortgaging the property of your daughter with a Bank for securing loan to be taken for the welfare of your daughter.
3. Without the leave of the District Judge, you can not deal with your minor daughter's property.
Gift deed cannot be cancelled now as it was the condition for mutual consent divorce.
You are bound to pay the loan now. In case, you fail to do so, the bank will initiate recovery proceedings against you.
See gift deed cannot be cancelled unilaterally by you the daughter is minor and she cannot consent and the loan cannot be reason for cancellation of gift deed.
If the transfer was done by a registered deed then you cannot cancel the gift deed unilaterally.
Moreover since the property involves minor interest, the court may not permit you to cancel the same so easily especially for the reasons you have mentioned here.
The agreement is very clear that you have to transfer half of the undivided share in the property to your daughter's name and you have done it accordingly.
Now the cancellation of the registered gift deed may not be possible since it involves the minor child's interest and welfare in it.
As I had opined in the previous post, you cannot cancel the registered gift deed unilaterally. You may have to apply for permission of court to cancel the same even in the normal circumstances.
Since this involves minor child's interests, your reasons may not be acceptable for the court to permit you to cancel the registered gift deed, however you may discuss with your advocate and proceed on the recommendations received.