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