• Gift deed

Sir,

My father had given a gift deed to my mother and after 1 year the deed was cancelled by my fathers sisters as they told they will pay the value money of the site to us.
with my mothers and mine signature and also we issued noc to take khata , EC with their name.

Now can we contest in court as they have not given money to us and also the property is ancestral Property of my father.

request to help in this Issue
Asked 2 years ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
If your fathers sisters have failed to pay the money, the cancellation can be challenged by you in the court, and further you can give a letter to the tahsildhar seeking cancellation of the Khata and EC into their names.
Kiran N. Murthy
Advocate, Bangalore
935 Answers
85 Consultations

5.0 on 5.0

1) was cancellation of gift deed done  with consent of your mother? 

2) father cannot unilaterally cancel gift deed 

3) if you have issued NOC to take aunt name in khata you cannot object now 
Ajay Sethi
Advocate, Mumbai
38806 Answers
2176 Consultations

5.0 on 5.0

Hi, Once the father has gifted the property  to your mother then your father has no right to cancel the gift deed.

2. The power to cancel the gift deed lies only with the court, only when gift was executed by way of fraud, coercion or undue influence.
Pradeep Bharathipura
Advocate, Bangalore
4447 Answers
191 Consultations

4.3 on 5.0

The deed was executed by your father, so how could it be cancelled by his sisters? Even your father could not cancel it except if the deed was conditional. The instrument vide which, according to you, the cancellation was made has to be seen before anything can be said. However, if your mother has executed a gift deed or family settlement in their favour then she will have to challenge it in the court through a lawsuit as being illegal due to violation of the condition precedent to the instrument i.e they will pay the consideration of the property to her.
Ashish Davessar
Advocate, Jaipur
21827 Answers
595 Consultations

5.0 on 5.0

1. Please let us  know whether the Gift Deed was registered at the first instance by paying the appropriate stamp duty.
2. Whether the Gift Deed was irrevocable?.
3. Whether Cancellation of Gift Deed was registered at the Sub-Registrar's Office.
4. You can approach the Court and contest the matter.
Shashidhar S. Sastry
Advocate, Bangalore
1529 Answers
99 Consultations

5.0 on 5.0

First of all the gift deed cannot be cancelled or revoked, however if both the parties consent to the cancellation, the same may come into effect. 
This property was initially transferred to your mother's name by an execution of a registered gift deed by your father, well, if your mother and father have jointly revoked or cancelled the gift deed, what happened to the property after that?
Whether it was transferred in your father's sisters name by execution of another registered gift deed by your father in their favor?
If that is so, the said gift deed cannot be cancelled at this stage.
By the way when your father executed a gift deed in your mother's favor, was the property not ancestral at that time?
If yes, then how did your father derive marketable titled to the property at that time when he executed a gift deed in your mother's name?
You should understand the law first i.., atleast yor father's sister can come near the coparcenary rights claiming their share in the ancestral property, if law permits in the form of latest amendments in the succession act. Whereas your mother cannot have that coparcenary rights in your father's ancestral properties or the share of properties inherited that way.
So dont get confused at this stage, look for some other way to recover the money by filing money recovery suit if you have any valid evidence. 
T Kalaiselvan
Advocate, Vellore
28797 Answers
299 Consultations

5.0 on 5.0

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