• Can a conditional registered gift deed be unilaterally cancelled

My mother gifted a plot of land to build a temple to a registered trust 5 years ago without the consent of my brother , sister and myself . The Gift deed clearly mentions that the purpose of the Gift is to build a temple . Can my mother cancel the deed unilaterally as its been 5 years and no temple is constructed . Our Contention is that our mother had no right to gift it in the first place without the consent of the children as the property was bought by my father out of his own funds but registered it on my mothers name .
Asked 11 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
It was a conditional gift deed, so the violation of the condition by the donee makes the gift deed liable to be cancelled. Your mother can now file a lawsuit for cancellation of the gift deed in the court. She cannot unilaterally cancel it. Since the property was registered in your mother's favour she had the right to gift it, which could have been impeached by you only if you could prove that it was purchased by your father from his funds.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1)does the gift deed mention that in the event temple is not constructed within span of 5 years or so donor can revoke the gift deed . Pleas clarify 

2)it s necessary to peruse the gift deed

3) when did you become aware of execution of gift deed ? What were you doing for period of 5 years 

4) you will have to move court to set aside gift deed as land was bought for benefit of joint family in the name of yiur mother 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
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If the gift is made conditional and if the condition is not achieved despite lapse of time, then the donor can unilaterally cancel the gift made in favour of the trust.
take up the same contention at the time of cancellation that the purpose and condition on which the gift was made by your mother has not been achieved by the donee and therefore the gift has been cancelled revoked.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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This property is to be considered as self acquired property of your mother and she could do anything with this. Whether any temple is built or not you can not set aside the deed though your mother can if the condition of the trust is not fulfilled.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
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As per you question you have not mention what are the condition mention in your mother gifted a land to built a temple ,
Donee can cancel the gift deed by way of a document deed of cancellation  before sub registrar or can donee can file a suit for cancellatio of gift deed befoe civil judge, on ground that gift made by her no development was done even after 5 years 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
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1. If the property was bought by your father and registered in the name of your mother after the year 1988, hen your mother has all the right to deal with the said property without any of your consent,

2. If it was bought before 1988, you can claim that it was a benami property of your father wherein you have equal share with your mother,

3. However, if it was a conditional gift clearly mentioned in the said gift deed, then it can be cancelled by your mother on the ground of non fulfilment of the said condition and in this case the time limit for construction of the temple shall have to be mentioned in the said gift deed to claim non fulfilment of the condition of the gift.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1) your mother cannot cancel the gift deed unilaterally 

2) yiou need court orders to set aside gift deed 

3) it is better to approach court to set aside gift deed as no femple  has been constructed for period of 5 years after execution of gift deed 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Yes this is right. She will have to file a suit for a declaration that cancellation is valid and consequent recovery of possession which they can contest in defence. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1. The gift deed can not be cancelled now on the ground that the done did not build the temple as on date since there was no specific time period to construct the temple,

2.Your mother can execute a cancellation deed but it will not be registered with out court order directing the Registrar to cancel the said gift deed,

3. Your mother was the absolute owner of the property which she had gifted to  a trust through a legally valid gift deed,

4. Your mother now shall have to find legally accepted ground for its cancellation and file a suit before the civil court praying for a direction upon the Registrar to cancel the registration of th said gift deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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A. As per the general prinicples of law, Once the Gift Deed executed by way of registration it cannot be cancelled unless obtain decree of the Court. However, when a Gift Deed executed under the condition that can be cancelled under not acheived the condition.

B. Your mother has got the property from your father by way of registered deed, hence your mother is the absolute owner of the property. She is entitled to execute any type of conveyance deed.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
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A. As you said, your mother has got the property after 1988 that she would become absolute owner of the property and this Gift Deed should be cancelled by approaching Court under the non mention of particular period to built temple.

B. You may issue a legal notice to the Trust to achieve this task expeditiously if you have real interest to construct temple. Else you need to get Court order to cancellation of Gift Deed.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
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Section 126 of the Transfer of Property provides for conditions where a gift may be revoked.the following are those conditions-
(1) That the donor and donee must have agreed that the gift shall be suspended or revoked on the happening of a specified event;
(2) such event must be one which does not depend upon the donor's will;
(3) the donor and donee must have agreed to the condition at the time of accepting the gift; and
(4) the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift. Section 126 is controlled by sec. 10. As such, a clause in the gift deed totally prohibiting alienation is void in view of the provisions contained in sec. 10. A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be cancelled unilaterally. 
Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

Further please be aware that though your father funded fully for the purchase of the said property, it was purchased on your mother's name, so it becomes her own property.As per MWP Act, 1874,  whereas by force of the said Act all women to  whose marriages it applies are absolute owners of all property vested in, or acquired by them by any mode or manner it shall become her own property.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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I am told that my mother can execute a cancellation deed of the gift deed in the Sub Registrar office and later on if the Trust goes to Civil court against the cancellation deed they will have to prove their bonafides . Also the Trust is not a very active or professionally managed Trust - its more of a one man show and its credentials are questionable . So please advice what is the best solution as of now . Going to Civil court means years of litigation and appeals etc which I feel will easily be a 5 to 7 year ordeal .
The provision of law is very clear that there can be no unilateral cancellation for the reasons cited by you especially when there is no mention about the time stipulate for building a temple in the property.
If you are so much confident that the trust may not challenge the cancellation, why dont you file a suit for cancellation of the gift deed through a civil court of law to which the trust members may not prefer to challenge and you may get an exparte decree in your favor after which you can take possession of the property by filing an EP, if necessary.
No decisions should be taken in haste which may land you up in troubles, instead consult a local advocate and deal with the things as per legal provisions. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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