• Can a mother (donor) revoke a gift deed (flat) to her daughter

Dear Sir,

Can a mother( a donor) revoke a gift deed (a flat, in this case) gifted to her daughter ( a donee), if her daughter predeceases her mother on the grounds of cruelty meted out by the donee's son , who is also the grandson of the donor.
Asked 11 months ago in Property Law from MUMBAI, Maharashtra
Religion: Hindu
Hi, once the gift deed is executed it can't be cancelled, the power to cancel the gift deed lies on the court provided gift was executed by fraud, coercion or undue influence.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. No, registered gift deed can not be revoked by the doner unless the gift was a conditional gift,

2. After the demise of the said donee, intestate, the said property will be equally inherited by all her children and husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) once gift deed is executed duly stamped and regd  daughter is absolute owner of property 

2) on daughter demise property would devolve on daughter legal heirs including mother 

3) merely because grandson is cruel to the donor is no grounds for revocation of gift deed 

4) donor has no powers to revoke the gift deed 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Hi, grandmother has to file a petition under section 125 of the Criminal procedure code for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You have two issues as reported by you,

2. One is revocation of gift deed and the other is cruelty meted by the grandson and his wife,

3. You shall have to address the two issues separately,

4. When you can not revoke the gift deed, you can lodge police complaint about the cruel behaviour and torture faced from your grandson and his wife,

5. These two issues are not inter connected.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Can a mother( a donor) revoke a gift deed (a flat, in this case) gifted to her daughter ( a donee), if her daughter predeceases her mother on the grounds of cruelty meted out by the donee's son , who is also the grandson of the donor.
For no such reason a gift deed can be revoked.  More so, a registered gift deed cannot be unilaterally cancelled or revoked by the donor especially after the death of the donee if the gift deed was acted upon by the donee. 
Now the property will devolve upon the donee's class I legal heirs.




What option does the donor (grandmother aged 102 years) have to evict her grandson from the flat owned by her prior to the gifting of the flat by means of gift deed to her daughter(donee) who is no more(expired) ?
The donor after executing the a registered gift deed in favor of the donee loses her rights and interest in the property so transferred. She cannot do anything to evict the grandson (son of the donee) from the property because he acquired rights and interest in the property upon the intestate death of his mother in the capacity of one of her legal heirs. She can ask other legal heirs of the deceased to file a partition suit and seek separate possession of their respective share in the property after which the present occupier can be evicted from the share of the property that has been allotted to other legal heirs. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
After the death of his mother, the grandson and his wife are regularly harassing & torturing his grandmother and go to the extent of not providing her the basic necessities like food, clothes, etc. They even lock the main entrance door of the apartment from outside while going out for long hours. How long does it take legally to evict him, if at all possible, on the grounds of cruelty to a lady aged 102 years.?
she cannot file a suit to evict them nor can she maintain a complaint on the grounds you mention.
She can claim maintenance from her grandson being the only source to take care of her after she lost her husband and children by quoting that the property where he is presently living was gifted by her and also she can file a petition for protection under senior citizen's welfare act. 
If her grandson is torturing or physically assaulting her, she can lodge a police complaint against him for his cruel acts against her. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
grandmother can make application and seek maintenance from the grand son  of Rs 10,000 per month under senior citizen maintenance act 

2) you have not mentioned whether her daughter died intestate or made a will 

3) if her daughter  died intestate grand mother as  one of legal heirs of daughter estate  can seek partition of the flat 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Gift deed once executed cannot be revoked even of the donee dies during the life time of the donor,
However if the doneee dies due to her husband then her husband on conviction would be dis-entitled to inherit from his deceased wife.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1.The grandmother can not now evict her grandson and his wife from the property which she has already gifted to her daughter, since deceased,

2. She should file a police complaint for the ill treatment meted on her by them seeking relief,

3. If police does not act, she can file a Writ Petition against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The gift deed cannot be unilaterally revoked once it has been executed. So if the daughter has predeceased her mother the legal heirs of the donee i.e her husband and children will succeed to the property gifted to her. The cruelty meted out to the donee is not a ground on which the gift deed can be cancelled by the donor. She has to file a lawsuit for cancellation of the gift deed in the court.

2. The donor has no right to even reside in the house as she ceased to own it the moment the gift deed was executed. 

3. Unless and until the gift deed is cancelled by the court there is no question of eviction.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Registered gift deed cannot be unilaterally cancelled or revoked by the doner unless the gift contains special conditions. After the death of donee the property would devolve on daughter legal heirs .

The lady can file police complaint directly or with help of other person seek maintenance and protection from the grand son under senior citizen maintenance act 


Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
442 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2769 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0