• Gift deed

Sir my father 80 plus did gift deed in favour of daughter in law who was not living in her matrimonial house as she was living with her parents along with grand kids 
With the hope that she will stay in matrimonial house along with kids 
He did gift deed few months back 
But daughter in law came alone and asked my father to leave house 
My mom is no more . He died last year
At the time of deed all conditions were verbally committed but my father have what's up written evidence 
Now she want my father should also leave home so that she can sell property and enjoy 
My father eye cornea replacement operation is due
At the time of gift did all my siblings were not present 
Can gift deed be cancelled
Asked 7 months ago in Property Law
Religion: Hindu

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10 Answers

if your father is senior citizen he can apply to senior citizen tribunal for setting aside gift deed 

 

2) seek injunction restraining daughter in law from selling the flat 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

father can stay in house cannot be  evicted approach senior citizen tribunal 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Your father can file an application to restrain her from harassing him and also to stop her from forcibly evicting her and for cancellation of the gift deed for the said reasons. 

Alternately he can file a suit for cancellation of gift deed  on the ground that the consent of the donor was obtained by fraud, undue influence or coercion.

Conditions needed to declare the deed void

The SC, by referring to the act, pointed out that for attracting the Section 23 (1) of the above act, the following two conditions must be fulfilled:

  1. The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor,
  2. The transferee refuses or fails to provide such amenities and physical needs to the transferor.

The SC states if both the aforesaid conditions are satisfied, by a legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void.

When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.

 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

your father can file a petition with the tribunal, which will then hold a hearing to consider the case.

If the tribunal finds in favor of the senior citizen, it can order the cancellation of the gift deed. The tribunal may also order the daughter-in-law to compensate the father for any financial losses he suffered as a result of the deed

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Gift Deed Executed By Senior Citizen Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee.

The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her,

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

- As per Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, the transfer of property through a gift can be declared void and cancelled/revoked.

- Further, under this Act, the revocation of gift deed can be done from the maintenance tribunal. 

- Hence, your father can file a petition before the SDM/DM in Delhi under the Senior Citizens Act, for cancelling that gift deed 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Is there any maintenance clause in the gift deed ? For cancellation of gift deed, language of deed is important. As of now file suit for cancellation of gift deed on the ground that gift deed was executed under influence and fraud. 

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

Dear Querist,

If there is no delivery of property than the gift is defective and based on this defect the Gift deed can be cancelled.

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear Client,

To potentially cancel a gift deed in India, certain grounds may be considered, such as undue influence, coercion, mental capacity, fraud, misrepresentation, breach of conditions, or the absence of involved family members. To challenge the gift deed, your father would need to file a lawsuit in court, presenting evidence supporting the claim. It's essential to consult with a qualified lawyer in Delhi who specializes in property and family law for guidance and to assess the specific circumstances of your case.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

Your father can apply for revocation of gift deed by applying to senior citizen tribunal under senior citizen Act

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

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