• Original suit for cancellation of gift deed by father to deceased daughter

Hi, I am Anil Kumar Ratamsetty. My wife expired on 12 Mar16 we had a son. She has two properties on her name. One is purchased by me and another half acre land gifted by her parents and brothers. After they filed GWOP for custody of minor child along with properties. As child is with me and iam natural guardian I am fighting the case. Now they filed original suit for cancellation of that deed by showing it was done by forcefully. They have taken 6lakhs amount for the same and bank transfer of amount proof is with me. Is there any possibility of cancellation of gift deed which is now a minor property which supposed to belong to my son.. Pls clarify..
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

It must be proved that force was applied.

If you have some witness to the gift, that will add some strength to your defence.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

once gift deed is executed duly stamped and registered it is binding on parties 

 

2) gift deed would not be set aside 

 

3) enclose evidence that Rs 6 lakhs was taken by your in laws by bank transfer and then only gift deed executed 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

- The Gift is a transfer of ownership without consideration.

- Generally a Registered Gift Deed is become absolute transfer of property , provided any condition mentioned in the clause of that Gift Deed.

- But , if the consent for the Gift was obtained by coercioin, undue influence, fraud or misrepresentation , then the said Gift Deed can be revoked /canclelled.

- As per law , the period of limitation for the revocation/cancellation of such Gift Deed on the above mentioned grounds is limited to 3 years from the date on which the same comes to the knowldge of the Donor.

- Since , the another half acre land was gifted by the parents and brothers to your deceased wife and not you, then there is no question arise for the cancellation of the said Gift deed on the basis of focefully execution.

- Dont worry , out of mentioned above, there are many grounds upon which , the said Gift deed cannot be cancelled.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Do not worry as both the suits will fall flat o its face.

2. The suits doe snot have much merit and on death of the donee the exercise of force or coercion can not be proved anymore.

3. Your in laws seems to be after the money or property and hence you must fight the cases wit all might.

Consult a good advocate. 

All the best.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If it's a registered gift deed it can't be unilaterally cancelled you need to approach court for the same

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

See without strict proof of force and cheating the gift cannot be cancelled after time.has passed and no action was taken by them. 

Further you on behalf of your son and yourself.can contest the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Gift Deed, once duly executed (Stamped & Registered) shall become "irrevocable" and more specifically it CANNOT be revoked after demise of the Gift receiver (Donee).

2.  As Husband of deceased Wife and as Natural Guardian of your Child, the law CANNOT divest your wife's property from you or your child.

3. IF child custody is with you, THEN you can inform the court, that property may be transferred in sole name of son and that you will remain Guardian for all purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, they can't forcefully cancel the gift deed which was give to your wife now it may be transferred to you and your son's name.

 

You  will be legal and natural guardian of your son so no need to worry about it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Gifting is a gratuitous act of giving property to your loved ones. According to Indian laws, you can gift your property to anyone you desire. While gifting, the donor (owner of the property) transfers the property in the favour of the donee (person receiving the property) without any exchange or consideration.

Once the property is gifted to you it can not be cancelled. 2. The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed. ... 2) The gift deed can be cancelled if the donor and donee mutually agree to do so.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Sir,

It is not so easy to cancel registered gift deed.

In your case the conduct of the father of your deceased wife is malafide and court may not accept his contention since it belongs to minor son and also you have other evidence having paid some amount.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can contest the same by challenging their case.  

You need to prove your stand.

The burden of proving that it was done forcefully is on their part.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Don`t show money was given in lieu of gift otherwise gift will certainly revoked and than have to file declaration suit to claim title in property on the basis of sale and purchase.

Father is legal guardian, Custody will rest with you and her properties will inherit in you and child equally. Rare possibility, gift will cancel.

Reason of wife death ?

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The gift deed can be cancelled if the donor and donee mutually agree to do so. The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have to proofs of transfer of money for property then chances for cancellation of deed are very less because gift deed cannot be challenged once executed.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The donor cannot cancel the registered gift deed unilaterally.

Especially the donor cannot cancel the registered gift deed after it has been:

more than three from the date of execution;

after the death of the donee;

the possession of the  properties has  been taken by the donee duly  acting upon the registered gift deed executed in her favor;

when the properties gifted involve minor interest.

Thus you have all the above grounds to get their case dismissed besides the other grounds what your advocate has presented before court to reject their suit.

 You can ask your advocate to file a petition under Order VII Rule 11 seeking to reject the plaint for the above said reasons and other reasons which you may rely upon additionally.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Hi 

Since your wife has expired, the properties will now vest with you and the minor child. 

The gift deed for half acre of land cannot be cancelled as the donee(your wife) has now expired. 

Also given that you have transferred 6 lakhs as consideration and have the proof of the same, it will be an added evidence to show that there was no coercion

Given by what you have said ,the GWOP petition filed by your in laws is bound to be dismissed. 

The suit for Cancellation of gift deed will be dismissed as the donee had died . 

So, you do need to worry as law is in your favour. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

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