You have to file suit for declaration that you are absolute owner of property
2) seek orders to set aside unilateral revocation of settlement deed by father
3) seek injunction restraining sale of property by father
Can a gift settlement deed be revoked
Hello Sir, I got to know there is difference between Gift Settlement Deed and Gift Deed , I my cace it is a ‘ Gift Settlement Deed ‘ given by my Father in 2003 by taking some money. We went to Gift Settlement Deed to avoid registration charges of Sale Deed, After 3 Years of this Gift Settlement Deed , Without my notice he executed Gift Revocation deed in SRO . Recently I got to know he did this revocation and now I don’t know what to do. I have evidence of giving cash to my Father for doing Gift Settlement Deed on my name . Please advise sir now what can I do ? My hard earned money given to my father and I never expected after taking money also a Father can do like this ?kya .Kalyug hai. Thank you sir .
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
The property was an Immovable Plot of of where he purchased from another person
Asked 3 years ago
- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.
- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid.
- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.
- Further, Gifts that involve immovable property should be registered under the Transfer of Property Act,
- It means without registration of Gift deed, the title does not pass on to the donee,
- Hence, if that gift deed was registered from the office of the registrar then your father cannot cancel /revoke the gift deed without getting your consent.
- Further, if you having proof of fund of payment, then you can file a Declaration suit before the Court against the cancellation of that gift deed by your father.
Hello Sir , I didn’t understand what is Acceptance is mandatory by the donee ? As the Gift Settlement Deed was already registered in SRO with the signatures of Donar and with 2 witnesses. Here do Donee should provide any acknowledgment of acceptance? Please tell me sir
Asked 3 years ago
The deed of gift contains a recital that possession of the property had been delivered over to the donees
Son should file suit to set aside revocation of settlement deed
Dear client I am sorry to hear that but a gift did cannot be revoked until and unless it is proved that the gift did has been executed through certain cohercive method.
If it's irrevocable then it can't unless the other person consents
- Gift deed is incomplete or it will termed as conditional gift deed , if the transfer of property /items not taken place by the Donee with the registration of gift deed.
1. After amendment of 2001 to Registration Act, no document, even gift settlement deed can be registered without signature, thumb impression and photographs taken in Registration office of donor and donee. 2. A registered gift deed or any other document cannot be cancelled without presence, signature, thumb impressions and photographs. He has no power to cancel the gift settle deed without you const. 3. You can obtain certified copy of deed executed by father from Sub-Registrar office by referring to document number and verify the same. 4. Also obtain certified copy of cancellation deed, you will know the true facts.
5. In the first place no deed can be cancelled by a single party.
6. Even if such cancellation is registered, it is invalid and you can seek cancellation of same from Court.
registration of unilateral cancellation of registered settlement deed is against public policy. A gift deed could not be revoked by way of cancellation deed,
If the gift settlement deed was made on any condition and the conditions were not fulfilled then your father can cancel the gift settlement deed within three years from the date of execution or else he may have to approach court of law with a suit for cancellation of the same for the reasons he relies upon.
Now since he is reported to have cancelled by executing a cancellation deed unilaterally that too after three years from the date of its original execution, you can file a suit to declare the cancellation deed as null and void for the said reasons and declare the title on the basis of original gift settlement deed.
But you can be aware that the the gift deed is not valid if it was executed after receiving any consideration, it will be invalid or null and void.
Whatever be the nature of property, the unilateral cancellation of the gift settlement deed by the donor without the consent that too beyond three years from the date of its execution is invalid and not maintainable in law. You can file a suit for cancellation of the cancellation deed or to declare the same as null and void.
Acceptance means that the donee should sign and acknowledge the receipt of the gift deed and should have taken possession by transferring the records to his name subsequent to the execution of the gift settlement deed.