Revocation of deed of gift (settlement)
Dear Sir/Madam, Dated: 06/6/2014
Our father purchased an open plot in the year December, 1984 and registered on our mother's name. Then, our mother executed and registered a Deed of Gift (Settlement) of the same open plot favoring our elder brother in the subsequent year i.e., February, 1985, which is unconditional, and a house was constructed by our father on the same plot with four portions. Actually, the property is acquired by our father and he expired in the year 2000. Our mother is alive as on today, she is in good health, and she wants to settle the house among three brothers. We are three brothers and we have equal share of that house. Our elder brother is not giving our share and he kept the house idle for the last 9 years.
Now, after 29 years, can our mother revoke or cancel the said Deed legally ? If so, can she succeed in that case ? or shall we proceed to go ahead with the partition suit against our elder brother ?
In view of the above, please kindly forward your valuable and genuine advice and guide us in the right path to proceed further.
In view of the above, kindly forward your genuine advice and guide us in the right path enabling our mother to give us the equal share.
Mr. V.S. Paul
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
1) no after 29 years your mother cannot cancel the gift deed . once gift deed is duly executed stamped and registered your brother is absolute owner of property
Thank you very much for giving answer to my question very quickly at free of cost.
Asked 3 years ago
thanks for your appreciation
Hi, once the gift deed executed you cant cancel it and it can be cancelled only through the process of the court provided it can be done by playing fraud or other reasons.
cancellation on the ground of fraud etc.otherwise not.
Advocate, New Delhi
Dear I am to say that your case is not completely hopeless.
There is a good reason for the same that your mother is still alive and she wants to settle the impugned property among all of you.
Though As Mr. Ajay stated that once a property has been gifted to any one then he/she is the absolute owner of the property, However if your mother institute a civil suit for cancellation of the said gift deed on some grounds as stated by Mr. Pradeep.
If she file a suit for the cancellation of the deed then there could be a ray of hope.
consult local advocate for more issue on the matter.
Your brother became the owner of the property the moment the gift deed was registered. The deed cannot now be unilaterally cancelled by your mother as the gift is complete. The only remedy is to file a lawsuit for cancellation of gift deed on the ground that gift is vitiated by fraud.
1. Gift Deed can not be cancelled or revoked,
2. There is a small ray of hope which you can try, as given under,
3. The property was purchased by your father in the year 1984 from his earned money in the name of your mother who did never earn,
4. So, it is a Benami Property as per The Benami Transactions (Prohibition) Act, 1988,
5. Hence the land belonged to all of the legal heirs of your father for which your mother had no right to gift the entire land to your brother,
6. File a suit challenging the validity of the said Gift Deed executed by your mother, immediately,
7. Engage a local lawyer having experience in this field.
Once Gift Deed executed by proper manner, It cannot be cancelled by any manner