• Revocation of gift deed.

My brother Gifted me a house in 2016. i demolished it in 2017 and prepared for construction of new building in 2018. I spent lot of time and money already for construction got licenses also. now after so many years my brother demanding for cancelling the gift deed or else he will sue to me for the property. what to do now ? what legal options available to me?
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Hello, 

The gift deed can not be cancelled unilaterally, your consent will be required for the same and since now you have invested time and money it will be difficult for him to obtain any order from the court. 

Do not worry, let him file a case, no court will pass an order cancelling the gift deed until and unless he proves that the same was taken by fraud or he was not in the mental capacity to enter into a gift deed at the then relevant time. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. On what grounds is he seeking the cancellation of the gift deed? Is it an unconditional gift deed?

2. The moment the gift deed is executed it results in an instantaneous transfer of title from donor to donee whereupon the donor ceases to have any right, title or interest in the property.

3. The donor can file a suit for cancellation of the gift deed on the ground that his consent to gift deed was not a free consent, or if it was a conditional gift deed then he can seek cancellation on the ground that a condition precedent to the gift deed has not been honoured by the donee.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

once gift deed is executed duly stamped and registered you are absolute owner of property 

 

2) your brother cannot revoke gift deed unilaterally 

 

3) he would need court orders to set aside gift deed . chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

See he cannot cancel the gift deed unilaterally if the property is gifted and possession is handed over it cannot be cancelled till there is fraud or coercion.

In case he file suit for cancellation of gift deed you need to contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The deed of gift if unconditional as it appears in your case can not be revoked even if the donor himself provided he executed it as per his won volition and without exercise of fraud or coercion.

2. So your brother can not cancel the deed if the gift deed was product of your father's  free choice and in respect of his self acquired property.

So ignore his claim or threat.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Gift deed cannot be cancel unless the donee has obtained the same through either by fraud, coercion, misrepresentation or undue influence from the donor.

Hope it is not a conditional gift deed and it wont be cancel. Let him go court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Why he is cancelling the same you can pay him the amount if required.  Otherwise you need to contest the suit. Gift deed cannot be unilaterally cancelled

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

A duly executed gift deed cannot be cancelled. If he has duly gifted it to you then it is your property now and he has no right in it. You are legally sound and secure.

Gopender
Advocate, New Delhi
383 Answers

 gift deed can be revoked in case where the condition of gift is not maintained by the donee.

Incase you have not  violated any of the clauses  of the gift deed please have a look up that and incase everything is fine and you are not in violation of any gift clause and then you have to go to Civil Court and file injunction Suit against your brother

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Nothing to worry. It cannot be revoked without your consent as per following SC judgment. Let him go to the Court. He will get no result out of it.

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Gift Deed – once registred 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
6239 Answers
500 Consultations

Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Dear Client 

A gift deed once registered cannot be revoked or cancelled.

gift can only be revoked if the donee fails to adhere to the conditions laid down by the donor at the time of drawing up of the gift deed. ... Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid.

A gift deed can be revoked by the donor if his consent has been obtained by fraud, undue influence, misrepresentation or coercion. So your brother have to prove one of this before the court to get the deed revoked.

As it is not easy to get gift revoked you should stay calm till he files a suit for revocation of gift deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You dont be worried about it.

You refuse to to cancel the gift deed.

Let him sue you, you can challenge the allegations in court properly because this gift deed was executed by a registered document henc he my not succeed in his attempt to gt the deed cancelled until and unless you have played fraud on him to get this gift deed in your favor

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

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