• Unilaterally revoked gift deed

Good evening sir, 
Actually the property was allotted to our grandpa by T.T.D ( Tirumala Tirupati Devastanam). He have 4 legal heirs (Daughters). The said property was sold with out any consideration to the husband of 1st daughter in critical situations for the purpose of loan on oral condition that the property will be returned to our grandpa. But unexpectedly with an illegal intention the husband of 1st daughter with out intimating it to our grandpa gifted the property to his wife i.e.1st daughter of our grandpa. After family settlement the same property had been gifted to remaining 3 daughters. It was conditional registered gift deed in 2012 between sisters (The elder sister gifted it to remaining 3 sisters). Condition was the property should not be sold to third party, sale is possible only between sisters. Finally the property had 4 shares. In 2012 1/4 part had been sold to my mother with consideration from one of her sister, so my mother have 2 shares in it. As we know elder sister's illegal and cheating intention we have send notice to sub register office praying no further transactions should be done with out our intimation and the same had been published in newspaper as well and we have written not for sale on the said property. But later in 2017 unlawfully entire gift was unilaterally revoked by the elder sister. We do not have knowledge about revocation. Recently in June 2020 she sold the entire property to the third party. Now we are helpless .How can we proceed. If we proceed legally can we get justice?
Asked 11 months ago in Family Law
Religion: Hindu

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8 Answers

1) gift deed cannot be set aside unilaterally 

 

2) file suit to set aside sale deed and also revocation of gift deed by sister 

 

3) seek an injunction restraining sale of property by third party 

 

4) make sister and purchaser party to the suit 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Gift deed cannot be set aside unilaterally 

 

revocation is illegal and would be set aside by courts 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

It can't be unilaterally revoked. It can only be revoked mutually or with courts interference

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

The revocation of registered gift deed is invalid in law for the following reasons:

a) The donor cannot unilaterally revoke the registered gift deed;

b) barred by three years  since the revocation is done after three years of its execution;

 

You can file a suit for cancellation of revocation of gift deed and also for declaring the subsequent sale deed as null and void.

In the same suit an application for temporary injunction can be filed to restrain the defendants from further alienating or encumbering the proeprty in any manner.

You can discuss with a local advocate and proceed as suggested.

 

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

The revocation of gift deed is invalid in law hence you may file a suit to cancel the revocation of the gift deed.

You can even file an application  for declaration of the subsequent sale deed as null and void in the same suit .

You consult a local advocate and proceed as suggested.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Client,

No. 

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

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
19011 Answers
28 Consultations

4.5 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Legal options are always available for you. Something is fishy in your case as fraud is being played by the other side. Article 58 provides for three years limitation period for a suit to obtain any declaration (not covered by Articles 56 and 57) to be reckoned from the date when the right to sue first accrues. Article 59 provides for three years limitation period for a suit to cancel or set aside an instrument or decree or for rescission of a contract to be reckoned from the date when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him

You know Section 126 of Transfer of Property Act, 1882 deals with when gift may be suspended or revoked. According to it, the donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor is void wholly or in part as the case may be.
A gift may also be revoked in any of the cases in which if it were a contract it might be
rescinded. Such as aforesaid a gift cannot be revoked. Nothing contained in this section shall
be deemed to affect the rights of transferees for consideration without notice.

Section 126 lays down two modes of revocation of gift:
(i) Revocation by mutual agreement of donor and donee.
(ii) Revocation by rescission as in the case of contracts.

It is pertinent to mention here that donor and done may agree that the gift shall be suspended or revoked upon happening of
an event not dependant on the will of the donor. The condition revoking the gift must be
express; it should not be merely in the form of a wish or desire. In other words, the condition
on the non-fulfilment of which the donor may revoke the gift must be expressly laid down in
the gift. A gift of certain properties was executed in lieu of the past and future services
rendered by done to donor. But failure of done to render services to donor or to maintain
donor in future, was not specified to be a condition for revocation of the gift deed. 

To take legal action, you can send a legal notice through Advocate. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
Detailed discussion is required in such cases with complete facts. Pleadings are foundation of the claims of parties. Civil litigation is largely based on documents. It is the bounden duty and obligation of the trial judge to carefully scrutinize, check and verify the pleadings and documents filed by the parties. This must be done immediately after suits are filed.
You may contact my secretary to connect with me for clarification.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
308 Answers
5 Consultations

4.0 on 5.0

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