Gift deed cannot be cancelled like that. If he has done gift deed he can cancell it only on grounds under senior citizens Act
About cancellation of gift deed by my grandfather to my cousin
My grandfather had done gift deed in favour of my cousin and before that he deed the will and mentioned that after his death all property on his name equally divided between my father and uncle. and in gift deed he mentioned that he had not done any agreement or will etc. with anyone but he did the will also his adhaar card date of birth and age mentioned in gift deed are different. can we cancel it......
Asked 5 years ago in Property Law
Religion: Hindu
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25 Answers
He is dead now and before death done gift deed at 2017 and will done in 2006.
Asked 5 years ago
He is dead in 2019 and we got to know gift deed at 2019 after his death , can we cancel it??
Asked 5 years ago
If he is already dead then you have to cancel it on grounds of fraud
Once gift deed is executed duly stamped and registered your cousin would be absolute owner of property
2) you cannot claim property bequeathed under will as father during his lifetime already transferred the property
3) you have to file suit to set aside gift deed on grounds of coercion or undue influence
Once property has been gifted you have no share in the property unless gift deed is set aside by court
Contact a local lawyer fine suit to set aside gift deed
document executed lateron will be considered valid.
But you can still challenge the document in court.
1. The gift deed supersedes the will if the earlier was executed later in time.
2. The gift deed 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.
3. You cannot cancel the gift deed.
4. The maximum your father may do is challenge the gift deed in the civil court by filing a suit for declaration of the gift deed as void and non est on the ground that consent of your grandfather to the gift deed was not a free consent.
Even in subsistence of Will, the transfer of property by executing a registered gift deed subsequently, shall be legally valid.
If at all there's any other property left out after the transfer of this property, then the same can be acquired by the beneficiaries as per recital of Will
Therefore no case for cancellation of registered gift deed would be maintainable.
The gift deed is legally valid and cannot be cancelled for any reason now since it was done during the lifetime of the donor, who is no more now.
Since the gift deed was executed by him during his lifetime, it was well within his knowledge hence a third person cannot question the authority of the donor to transfer his own and absolute property by executing a registered gift deed in favor favor of the donee.
You have no rights to challenge it or cancel the same.
Immediately on execution and registration of Gift Deed in 2017, the Will becomes invalid as the grandfather had every right to deal with the property during his lifetime in whatever manner he wanted. He could have executed another Will also. Hence, the Gift Deed is absolutely valid. The Gift Deed could be cancelled by the grandfather himself and in his absence nothing can be done. You have a weak case. It is better to honour the decision of your grandfather. Like your grandfather, purchase a property from your own sources and then gift it. Good luck.
If Gift deed is registered then it will be applicable. If its not registered and WILL is probated from court then that will appilcable.
the Will was made in 2006 in which the subject property was bequeathed to your father and uncle
subsequently your GF made a gift deed in favour of your cousin in which the subject property was transferred to him in 2017
so the bequest of the subject property in the 2006 Will would lapse and will not take effect
however if you can prove that the Gift deed is not validly executed since there are discrepancies in the donor's DOB, age, aadhar card, etc then you can challenge the Gift deed. However the burden of proof to show that the gift deed was not properly made will be entirely on you
you will have to also take care of the limitation period since i presume that the gift deed is a registered document and would come in public domain on the day when it was registered
1. Will executed in 2006 will become infructuous upto the extent of the Gifted Property in 2017. All other clauses in WILL will remain legally enforceable.
2. ONLY a Gift Deed maker (Donor) can revoke /cancel the Gift Deed by following due procedures of law. Nobody else can cancel the Gift Deed.
3. A Gift Deed is a final & irrefutable Deed and will over-ride any earlier prepared WILL document.
Dear sir,
You will have to file a suit to challenge the genuineness of that gift deed. In the said suit, you'll have to prove that the gift deed was obtained by fraud.
You cannot cancel it on your own. Gift once made is irrevocable and can only be set aside by court.
The gift has superseded the will. The will be operative only in respect of other properties (if any).
Hope this helps you.
Best wishes.
WILL if effective after death. Gift deed is valid and not WILL.
If the WILL is registered than you can get the gift deed cancelled
If the Gift Deed alleged to have been executed by your Grand Father (GF) is subsequent to the Will executed by him, then it can be challenged and you can file for cancellation of the Same.
Further, you can take defense under misrepresentation / coercion / health condition and mental status etc.
Once property is transfer to your father and uncle, your right comes into picture only after your father.
Unless you get the Gift Deed cancelled through court by filing suit for cancellation as stated above, you will not get right / title in the property.
Yes, you can get it cancelled as stated in first reply under said circumstances you can get it cancelled.
Better hire services of an Advocate and proceed.
during the life time of donor and transfer happens then it is valid gift deed whereas “Will” is applicable after death.
during lifetime of donor if property transferred through Registered gift deed then it is valid. not possible to cancel gift deed
gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
1. Yes you can file suit for cancellation of gift deed on ground that when the deed was executed your grandfather was not having sound mind due to which he doesn't remember the will he have executed in 2006 which was not known to person who drafted the will without knowledge of your grandfather.
2. He also didn't read the gift deed because he was not well at time of execution of gift deed so the deed was done fraudulently by misrepresentation of facts.
- As per Section 126 of the Transfer of property of Act, a Gift deed can be cancelled by two ways: -
1. Revocation by mutual agreement of donor and donee, i.e it can be cancelled/revoked with the understanding of both the parties.
2. Revocation by rescission as in the case of contract , i.e. it means that if it is proved that the Gift was not made voluntarily , and the consent of the donor was not free, and was caused by coercion, undue influence, fraud or misrepresentation.
- Since, your grandfather was gifted in favour of your cousin , hence without cancelling the same , he cannot transfer the same property by way of WILL.
- Further, if the property involved in the Gift deed not taken over by the cousin , then it can be cancelled after filing a Declaration suit before the court.
- Further , your father can also probate the said WILL for becoming the owner of the property.
