• Can Gift deed to daughter in law be revoked

My son and daughter in law had disagreements, she demand a share of property to return home. I the father in law tried to settle the argument by gifting her a property. But years have passed and she refuses to return home. She is collecting rents and living at her brothers house. Can I revoke or challenge the registered gift deed.
Asked 4 years ago in Property Law
Religion: Muslim

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16 Answers

See if gift is done after 2007 after.implementation of senior citizen welfare act and you are senior citizen then you can file for cancellation of same under the act section 23.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It can be revoked unless it has revocable clause. It can't be unilaterally revoked require interference of court

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Onc gift deed is executed duly stamped and registered daughter in law is absolute owner of property 

 

2)you have to file suit to set aside gift deed but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You cannot revoke but challenge and get it cancelled. Or get a suit filed by your son against you and and your daughter in law and you remain ex parte.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1.  IF the property was a "Self-Acquired property" and reflected properly in your income tax returns, THEN the Gift Deed can be revoked, for breach of trust, cheating, misrepresenting, coercion etc....,  PROVIDED proper documentary evidence of all this is available.

2.  To revoke Gift Deed, you would need to file a Civil case in the local civil court, by following due procedure of law, thru a property lawyer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. If the Gift Deed is irrevocable, then it's of no use.

2. However if it's a conditional Gift Deed, then if there's a condition, stating that she has to return to her marital home, then in such a case it can be revoked.

3. You can challenge the execution of Gift Deed, if you were threatened, coerced to execute the Gift Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

No, you can't revoke gift deed, she has to cancel the gift deed.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Yes you can challenge the gift deed in ground of non maintenance by daughter in law under senior citizen act.

But you cannot unilaterally revoke the gift deed you need court orders to revoke the gift deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- A Gift Deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen's welfare.

- Further, the Punjab and Haryana HC has also recently ruled that parents could revoke property transfers made to their children in case they are being harassed by them.

- Hence, as per law, you can cancelled the Gift Deed after exeuting a deed of Cancellation .OR

- And further , you can get cancelled the said Gift deed after filing a petition before the court.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

The registered gift is irrevocable. The donor cannot revoke it . It is absolute. The gift deed can be cancelled if the donor and donee mutually agree to do so. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The moment gift deed is executed it results in an instantaneous transfer of title from donor to donee and thereafter donor ceases to have any right, title or interest in the property. The donor cannot unilaterally cancel the gift deed. He has to file a suit for cancellation of the gift deed in the competent civil court.

2. The donor may seek cancellation of gift deed if any condition precedent to the the gift deed is violated.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ye syou can. Under the senior citizens act a senior citizen can revoke a gift deed in case the children are not taking care of their parents or they are neglecting them harassing them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Only if this gift was conditional,  can be revoked by order of court.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes the suit for cancellation of the gift deed can be filed under the provisions of the Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

A. You cannot revoke the Gift once it was duly executed and possession delivered and accepted by the Donee.

 

B. Gift can be cancelled or revoked by operation of law or Decree of the Court in the event of Gift was executed by the Donor by obtaining fraudulent manner, coercion etc.,

 

C. Moreover, Gift can be terminated in the event of possession of the property was not delivered. Hence, in your case, cancellation of gift is very difficulty subject to aforesaid circumstances. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

A gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is a gratuitous and inter vivos in nature. This is the general definition that is accepted by all the religions, including Muslim law. As per the Muslim Law, a gift is called as Hiba.

If you have transferred the property by a Hiba:

 

Mere declaration of revocation by the donor, or institution of a suit, or any other action, is not sufficient to revoke a gift. Till a decree of the court is passed revoking the gift, the donee is entitled to use the property in any manner; he can also alienate it.

It seems that:

  • all gifts after the delivery of possession can be revoked with the consent of the donee,
  • revocation can be made only by a decree of the court.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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