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Can your father revoke the registered gift deed?
No. Under Indian law, once a registered gift deed is executed and accepted, it is irrevocable except in very rare cases like fraud, coercion, or mutual consent. Mere change of mind or influence by a second wife does not allow cancellation. You can approach the court for injunction to protect your rights and prevent any attempt to revoke or interfere with the gift. -
Regarding the joint bank locker after mother’s death:
Since the locker is jointly held and contains your property, you can file a civil suit or injunction application in court to restrain your father from operating the locker or removing items without your consent until the dispute is resolved. You can also seek the court’s direction for inventory or safe custody of the valuables.
Cancel Gift Deed
Hi, 1. A few years ago, while my mother was still alive, my father executed a registered gift deed in my favour, transferring both ancestral and self-acquired properties to me. Following my mother's demise, he remarried. He is currently a government employee and still in service. Recently, under the influence of his second wife, he has begun threatening to revoke the gift deed. I would like to understand whether he has any legal authority to cancel a duly executed and registered gift deed, and whether I can seek protection through the court to prevent any such action. 2. There is a bank locker held jointly in the names of my late mother and my father. After my mother's passing, my father has assumed complete control over the locker. The locker contains jewellery that belongs to me as well as jewellery that I gifted to my mother. I am concerned that he may remove and retain all the jewellery. I would like to know whether I can approach the court to seek an order restraining him from operating the locker, until we resolve all disputes ? My intent is to prevent any potential misuse or loss of valuable items that rightfully belong to me
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15 Answers
1. The transfer of property by a registered unconditional gift deed cannot be revoked by the donor for any reason.
Moreover your father is a government servant having sufficient source of income through salary cannot claim even maintenance from you citing the reason to cancel the gift deed for not maintaining him.
Besides it was an unconditional gift deed, hence he cannot cancel the same even through court citing breach of condition.
You don't take any action to prevent him taking any action in this regard, because any legal action that he may propose to initiate now will not be tenable in law.
2. Whether there was any nominee to the locker because the surviving joint holder is usually allowed to access and withdraw the contents of the locker. Additionally, if there is a nominee, the surviving joint holder and the nominee would be jointly allowed to access the locker.
What is the basis of the joint ownership, whether it was by either or survivor or to be operated jointly?
You confirm this.
First you issue a legal notice to the bank manager restricting your father to operate the bank locker singly by him alone in the absence of a mandate or instructions from the legal heirs of the deceased joint holder.
If the bank is not entertaining your legal notice then you can approach the court with a suit for temporary injunction restraining your father from operating the bank locker till the disposal of suit and as the main prayer, you may pray for a direction to the bank that the bank joint account locker should be operated by both (legal heir and him) together
1) father cannot revoke gift deed unilaterally
2) he needs court orders to set aside gift deed
3) ask your father for your jewellery . dont go to court
Well for cancellation of gift, first there should be maintenance clause in the gift deed and your father must be above 60 years. And you have violated the maintenance clause. So your rights under the gift deed is protect.
You can inform the bank about unauthorized or possibility of theft of jewelry lying in locker and simultaneously obtain injunction from court for any misuse of items by filling partition suit.
1. He can not just cancel the gift deed he himself had registered in your name, if it was not a conditional guft deed.
2. First of all write to the bank for restraining your father from operating the said bank locker which stood jointly in his and your late mother's name since you stand to be one of her legal heirs.
3. You should file a civil suit claiming your share of the ornaments belonging to your late mother.
1. As per law , once a gift deed is registered then it cannot be cancelled on any ground except a court order.
- Hence, he cannot cancel the said registered gift deed without taking your consent and even he will have prove before the Court the reason for the cancellation , if he files a case in the Court.
- Further, you can also sell this property on the ground of registered gift deed as well.
2. YES, You have equal right over the said items lying in the locker , and even he cannot use the same without getting your consent.
- You can file a complaint in the said bank for not allowing him to use the said locker without your approval
- Further, if no positive response then file an Injunction suit before the Court for restraining him to take the belongings of the locker.
- Once a gift deed is executed and registered, it irrevocable except under certain circumstances which are not there in your case.
- You can certainly take a direction from Court to the bank against any operations of bank locker until the dispute is resolved.
Dear Client,
As soon as a gift deed is executed, registered, and accepted by the donee (you), it usually becomes irrevocable in Indian law (Section 126 of Transfer of Property Act, 1882). The donor (your father) cannot revoke or cancel the gift deed unilaterally unless there is an express condition in the deed for revocation, or if the gift was given under fraud, coercion, or undue influence. Mere influence on the part of the second wife or a change of circumstances doesn't give him the legal right to revoke the gift. You may go to the civil court to ask for protection and injunction against any move to revoke or interfere with your rights in respect of the gifted property. As the locker is jointly owned, both of them (or their legal representatives) have rights in the same. Your father cannot after your mother's death keep you and other rightful owners out of the contents, particularly if the jewellery is yours or was given by you to your mother. You may institute a suit for injunction in a court of civil jurisdiction to restrain your father from selling or disposing of the jewellery until the dispute is decided. The court may also direct the locker contents to be inventoried and kept under supervision to avoid misuse or loss.
My father and I currently live in different cities now. Once I file these suits, I’m concerned that he may come to the property I’m currently residing in (which is one of our jointly owned properties) and cause a disturbance or potentially harm me. Is there a legal way to prevent him from approaching or entering this premises?
If father is co owner you cannot restrain your father from entering the jointly owned property
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Gift Deed Cannot Be Revoked:
Your father cannot cancel the registered gift deed unless he proves fraud, coercion, or mutual agreement. File a civil suit for permanent injunction to protect your rights. -
Bank Locker Protection:
File a civil suit with interim injunction to restrain him from operating the locker until the court verifies contents. You can also request a court-ordered inventory. -
Protection from Disturbance or Harm:
Apply for a restraining order under Section 151 CPC or seek protection under Section 144 CrPC at your local magistrate's court, citing threat to safety and property.
You can file an application for temporary injunction restraining him from entering into the property and causing you harm or by claiming title to the proeprty till the disposal of the main suit.
If the injunction is not granted then he cannot be prevented from entering into the property, besides you may please note that if the property is still jointly owned then your application for temporary injunction may not even be entertained by court.
Risks are there, but if you want solution, you have take risks.
No he can’t revoke the same unless it was a revocable deed
- Yes, you can file an Injunction suit before the Court for restraining him from interfering and entering in the premises.
You can file a partition suit claiming partition of the property and also file an application u/o 39 r1 & 2 praying for direction upon him restraining him in disturbing you and entering in to your area of the said property.