• Gift Deed Property

My name is Mrs. Leena, I have Gift Deed from my father, it is registered on my name, do i have any problem in future with this Gift deed, now presently my father is alive, his first daughter already passed away, but  her children (grandchildren)  are asking for share and even my brother is not allowing me to construct in that place saying that it is Gift Deed.

1) Can my parents take back this Gift Deed property ?
2) Do it required again to register as sale deed?
3) Do Grandchildren have any authority to file a case against me?

Please suggest....
Asked 10 months ago in Property Law from Kuwait
Religion: Christian
1) once gift deed is executed you are absolute owner of property 

2) gift deed cannot be revoked by father unilaterally

3) father has to move court to set aside gift deed if gift deed was executed under coercion 

4) grand children can file case but chances of success are bleak 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, Once the gift deed was executed, you become the absolute owner of the property so your parents has no right to cancel the gift deed/ get back the gift deed.

2. The gift deed is already registered so there is no need to register as  sale deed.

3. You become the absolute owner of the property so others have no right to claim share in the property gifted to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
 A gift is complete the moment it has been executed. The transfer of ownership is instantaneous in a gift deed. Ut cannot be revoked. Nobody else has any share in the property if the property gifted to you was the self acquired property of your father.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1.If it were to be a self acquired property of your father and had gifted to you irrevocably and the gift deed is duly registered paying the admissible stamp duty and registration fees and the gift deed was executed without any coercion, threat, undue influence or pressure and he was of sound mind, then it is valid.
2.Your father cannot take back the gift, if it is an irrevocable one.
3. There is no need to re-register the gift as sale deed.
4. If it were to be the self acquired property of your father, then the grand children have no right on the property and even if they file a case against you they are not going to succeed.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hi
 A registered Gift deed  gives you an   absolute title and ownership. 

1. your parents can not take back the property which they gifted you .To cancel a gift deed you need a court order. Your father  cannot cancel it unless he convince the court that it was  registered  fraudulently.
2. There is no need of registering it again as sale deed , as gift deed is an absolute title deed.

3. the grand children of your father has no right to sue you or file a case against you or your parents .As Your father's grand children have no right in his property , as your father can give it o any one and no one can claim it while he is alive. No children or relative have any right in a person's self acquired /earned property while he is alive . legal heirs and their right comes after one dies intestate(without any WILL or any other testamentary document and gift/transfer deed). So be assured of your tile in the property which is absolute.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1.Once a Gift deed is registered it can not be revoked or cancelled by father unilaterally.After the registration you become the absolute owner of the property
2. No need to further registration.
3. Any person can file a case but winning of the case is not easy .They can allege that grandfather executed under coercion .
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hello,
1) A Gift Deed is an absolute transfer and regardless of the fact the Donor is alive or dead the title acquired is unimpeachable.There is no reason for you not to make any construction on the said land. Your parents can not take the land back unless you give your absolute assent to it and cancel the gift Deed.

2) Once it has been registered as a Gift Deed it can not be re registered as Sale Deed as a Gift Deed is without consideration and Sale is for consideration.

3) No the grand children or any other persons have no right to file any case regarding the property that was transferred to you vide Gift Deed as it is a legally binding absolute transfer.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Gift is always unconditional and once given cannot be taken back except if any contigent event is attached therein. Registered gift deed is sufficient to give titile in the property no need to get re registration, gift is a mkde of transfer of property and when all the requirements are fulfilled regarding gift it is a valid document to prove ownership. Donee is the sole owner of the property and no one can claim any share in the life of donee. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
A gift deed once executed in registered office cannot be taken back by the donor without consent of donee. Go ahead and get the property mutuated in your name  in municipal office/mandal revenue office , electricity bills etc. You also should have the original gift deed with you. You can start with the cinstruction right away. No additional docs required. If someone wants to file a false case ( your sisters children, brother etc); you will win the case very easily.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1) Can my parents take back this Gift Deed property ?
No, they cannot unilaterally cancel the registered gift deed, if at all they have any grievances over this they may approach court of law with genuine reasons and establish the reasons for which they claim the cancellation, otherwise it is not valid legally.


2) Do it required again to register as sale deed?
Not necessary




3) Do Grandchildren have any authority to file a case against me?
NO;


Once your father transferred the property by executing a registered gift deed in your favor, you are the absolute owner of the said property, nobody can claim any right over it at any stage.  You may mutate the revenue records on your name and also can start constructions on it.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. Your parents can not take the property back since gift deed is irrevocable unless it is a conditional Gift Deed,

2. No. Your father has no right on the property now and he can not execute and register the same property which he has gifted to you earlier,

3. No body on the earth, leave apart your father's grand children or your brother, has any right title and interest on the said property which belongs to you only after the registration of the said Gift Deed,

4. After the registration of the Gift Deed, you are the absolute owner of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 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
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0