• Cancellation gift deed

Can gift deedof property be cancelled as my sister has forced by dad to sign on papers by cheating even my dad does not know about this till today now after know this he want to cancel gift deed registration what is the process to do this please guide us
Asked 4 years ago in Civil Law

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17 Answers

Registed Gift Deed once execute then it never be cancelled.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

See if Dad is senior citizen and proeprty is transferred after 2007 he can file cancellation of same under senior citizen walfare and maintenance act. Alternatively he can file a complaint of cheating agaisnt sister and also can prefer a suit of cancellation before the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Father can not unilaterally cancel the gift deed 

 

2) he would need court orders to set aside gift deed on grounds of coercion 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Gift deed once made can not be cancelled even by the donor.

The deed can only be set aside by the competent civil court if it is proved that the deed was the outcome of force , fraud or coercion.

So cancelled even if registered does not have any legal importance and hence the gift deed done in your favour is till intact and legally enforceable.

 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. IF said Gift Deed was executed by force /coercion /intimidation /threat /or other illegal methods, THEN Father can file Civil Suit in the local Civil Court, to revoke /cancel the Gift Deed by giving proper sustainable reasons /justifications alongwith other documentary evidences and witnesses.

2.  Also a Police FIR can be lodged for threatening & intimidation, breach of trust etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

your father has to file a suit for declaration before the civil court seeking cancellation of the gift deed executed by him under duress and fraud. This will take considerable time and also the process is expensive. Once the gift deed is executed and registered it can't be cancelled unilateral. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes he can cancel it if it's done through fraud. If he is senior citizen he can even revoke it through court under senior citizens Act

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Your father have to file a suit to set aside the gift deed on ground of fraud and concealment of facts.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Gift deed is irrevocable. Cannot be cancelled.

But yes it can be cancelled if fraud has been done and the deed was a forgery. File it in the civil court.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Registered Gift Deed cannot be cancelled by your Father unilaterally.

He has to get the same cancelled through Court of Law, by filing case to cancel the same for the reason of misrepresentation / cheating by your sister.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. The moment gift deed is executed it results in an instantaneous transfer of title from donor to donee and thereupon donor ceases to have any right, title or interest in the property. So the donor cannot unilaterally cancel the gift deed.

2. The remedy in the hands of your father is to file a suit for cancellation of gift deed in the competent civil court, but he will have to prove that it was executed by him under coercion and/or fraud.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

To cancel gift deed your sister has to come front and sign the cancellation deed with your father. 

If the gift deed is not register in the sub registrar office than he should not go in office for sign with sister.  Signing on false paper doesn't make a gift deed it should compulsory registered it. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hi, Once the property was transferred by way of Gift it can't be cancelled. However the Donor has right to challenge the Gift Deed on the ground that Gift Deed was executed by way of Fraud,  coercion and undue influnce before the Civil Court.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

- As per Section 126 of the Transfer of Property Act,lays down two modes of revocation of Gift:

1. Revocation by mutual agreement of donor and donee

2. Revocation by rescission as in the case of contracts, i.e., the consent of the donor was not free, 

- Hence, as the said Gift deed was executed by cheating your father, then he has right to cancell the same, becuase, when consent for the gift has been obtained by coercion, undue influence, fraud or misrepresentation, the deed is voidable at the option of the party whose consent was so obtained.

- But the period of limitation for the cancellation of gifts on the ground of fraud, coercion, misrepresentation or undue influence is three years from the date on which the same comes to the knowledge of the donor.

- Your father can cancel the gift deed by way of a document deed of cancellation  before sub registrar or after filing  a suit for cancellation of gift deed before civil judge, on ground that gift made by him undere presure 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

At what age gift deed executed by father ? On the ground of forced execution, it can revoke by order of court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

The gift deed can be cancelled by filing a  suit to cancel the registered gift deed to be filed within three years from the date of its execution.

If both the donor and donee agree for cancellation then they both can jointly execute a cancellation deed.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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.

However, a person can sometimes reconsider their decision of gifting something valuable.  The donor may revoke his gift transaction from the donee due to several reasons such as donee not acting up to his promise, non- acceptance of a gift, etc.
 

Cancellation/ Revocation of a gift deed

The revocation of gift includes cancellation of the gift deed and the donee returning the possession of the property back to the donor. Section 126 of the Transfer of Property Act deals with laws relating to the revocation of gift deed for immovable property.

According to this section, the donor may agree to revoke a gift transaction. This can be through a provision mentioned in the gift deed or by mutual understanding between the two parties or happening of an event mentioned in the deed. A gift transaction can also be canceled if the donor signed the deed under coercion or undue influence such as in a toxic state, etc. If the donee disagrees to give back the gifted property, you can approach a lawyer who will help you in fighting a case in the court to get back your property.
 

Grounds for Cancellation of the gift deed

There exist certain grounds through which cancellation of gift deed can be done. They are-

  • By Mutual Agreement: The donor and the donee can mutually agree to cancel or revoke a gift transaction. It can be done by mentioning such conditions in the gift deed. The condition, even when not mentioned in the deed, must be made in mutual agreement and understood by both parties. The parties can mutually cancel the gift transaction and donee has to hand back the possession of the property.

  • When Donee fails to accept the gift: The process of gifting a property includes the donor transferring the property in the favour of the donor and the donee accepting the same. If the donor refuses or fails to show his acceptance towards the gift, then such a gift transaction has to be canceled. A gift transaction cannot be validated if the donee doesn't accept it.

  • Through rescissions- Like a contract, a gift can also be made subject to certain conditions and can be rescinded if such conditions are not fulfilled. Such conditions must be expressly mentioned in the gift deed. This includes that on the happening of a specific event or the donee failing to fulfill a condition, the donor can revoke the gift transaction and get the possession of the property back. The donor has a limited period of 3 years to revoke the gift transaction from the date of the event.

  • When consent of donor was obtained through undue influence or fraud- A gift is a gratuitous transfer made voluntarily by the donor. Like a contract, if it can be proved that the consent of the donor was not free, then such a transaction can be revoked. If the consent of the donor is caused by coercion, fraud, undue influence or misrepresentation, then the gift deed can become voidable at the option of the donor. The period given to the donor to revoke such gift transaction is 3 years from the date of discovery of such facts. The right to revoke the transaction can also be canceled if the donor ratifies the gift either by saying so or through his conduct.

Thus, the above-mentioned are the grounds on which a gift deed can be revoked.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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