• Gift deed to minor can be canceled

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..
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

You cannot unilaterally cancel gift deed 

 

you need court orders to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You can get court order to secure loan on minor share to for her benefit. Gift deed is intact.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Gift deed once made can not be cancelled unilaterally If other paties agree then only it can be cancelled by another deed.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

If the court order is present you can't cancel it

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 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 deed then it may be cancelled by executing a deed of cancellation.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

gift once made is irrevocable

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

You have agreed to clear bank loan 

 

2) then execute gift deed in favour of minor daughter 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Alright 

What is your query? 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

That's what I answered as you mutually agreed for that condition you need to again go for modification of the said  order

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

You cannot cancel the gift deed executed in favour of your daughter 

 

onve gift deed is executed your daughter is absolute owner of property 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Gift deed cannot be cancelled now as it was the condition for mutual consent divorce

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You are bound to pay the loan now. In case, you fail to do so, the bank will initiate recovery proceedings against you. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer