• Cancellation of Gift deed by court of Law

Dear Sir,
My mother in law gifted property to my husband in 2004 by way of registered document. We sold the same property to someother in 2009 and later they too sold in 2012. My mother in law, with the help of her first son,  filed case against my husband in 2009 to cancel that gift deed as we are not taking care of her . But we already dispoosed it. But the tax is being paid by my mother in law only till date as the present owners are also not staying in that village. We both are employees and stay in other place. Please clarify the status now.
Thanks 
M.Prabha
Asked 10 months ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) once gift deed is executed duly stamped and registered your husband would be absolute owner of property 

2) your husband is free to dispose the property 

3) if your husband is not taking care of mother her remedy is to file application for maintenance against your husband 

4) I presume there was no condition mentioned in gift deed that your husband will maintain his mother 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1) there must be clause in gift deed that possession is delivered to donee 

2) further your husband must have accepted the gift deed and his signature must have been on the gift deed under the words I accept

3) is is not necessary that actual physical possession be delivered 

4) merely because mutation not done in revenue records does not mean gift is not complete 

5) mutation is for payment of property taxes and is no evidence of title 

Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
Hi
Once your mother in law had executed the gift deed, then the property belongs to your husband. 
Subsequently you have sold it in 2009 which means you have accepted the gift and sold it thereafter. 
It appears that you did not get the property mutuated in property tax records and other side is taking undue advantage of the same. Please do not worry on this. 
Another valid point your husband has is that the Gift deed happened in the year 2004. Your mother in law should have ideally challenged it by 2007(Law of limitation is 3 years). she cannot challenge it now . You have strong legal points in your favour and hence you need not worry inspite of all allegations being thrown around you by disgruntled relatives. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Hello,
1) The Gift Deed is an absolute Transfer once it  has been registered and with out the consent of the donee which in this case is your husband no one can get it cancelled

2) If the mother is not being looked after she has every right to complain and file for maintenance from the children.

3) That the tax is being paid in the mother in law's name alone does not prove any title in the property.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hello,
1) As such  a Gift Deed can not come with riders or conditions attached. So have no concern about the sale you have already made. As absolute owner your husband had all the liberty to sell.

2) In case they file a case deal with it on merit.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
If the gift deed is unconditional then the prospects of success for your mother-in-law in her lawsuit are very bleak. When a gift deed is executed the title passes instantaneously to the donee unless otherwise provided in the deed. The gift deed cannot be cancelled after the conveyance of title unless it is a conditional gift deed.

Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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Absence of mutation does not mean the gift is incomplete. The title flows from gift deed and not certificate of mutation. As the owner of the property it is for you to decide whether to take possession or not. Contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
You have no right over the property .After the sale of property new owner become the absolute owner of the property. once gift deed is executed and registered in your husband then he become absolute owner of property.So he can transfer his right any time to others by creating any registered document. 

Your mother in law can claim maintenance from your husband .
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. Status is that the purchaser is the owner of the property now,

2. A registered Gift Deed can not be revoked or cancelled unless it is a conditional gift Deed,

3. Your mother in law can file a case u/s125 of Cr.P.C. claiming maintenance from your husband  but can not claim back her gifted property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Never ever admit or state any where that you did not accept the property or taken its possession,

2. Not mutating your name in place of the name of earlier owner in revenue records does not prove that you have not taken its possession. You may leave for your place of working after taking physical possession of the gifted property,

3. In the Gift Deed itself it should have been mentioned that you have accepted the Gift. However, you can forward your logic that without accepting or taking possession of the property you can not sell it. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
My mother in law, with the help of her first son,  filed case against my husband in 2009 to cancel that gift deed as we are not taking care of her . But we already disposed it. But the tax is being paid by my mother in law only till date as the present owners are also not staying in that village. We both are employees and stay in other place.
Just because mother in law is paying the tax she cannot claim the ownership of the property.  Her suit is not maintainable. She has alienated the property by transferring it to his son by executing a registered gift deed, but now she comes out with a new concept that she is not being taken care, you can challenge her suit accordingly. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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As we have not taken the possession ie name not changed in revenue records, the gift deed is not complete and we did not accept the gift they are saying sir.
But we sold means we accepted i think.
You are right that once you have sold the property, it is deemed that you took possession.  Without physical possession how can the sale take place.  Her case on such flimsy grounds are not maintainable, hence let she go ahead, she will not be able to succeed and it shall be a lesson for her. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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I am not satisfied with your contention. You are not revealing the true facts.  You are hiding something.  Can you send me Scanned copy of Gift deed (front and back all pages).  Moreover you said that your husband sold the property to some body in 2009 and again those persons sold the same to some third party in 2012.  If you send the scan copies of the above sale deeds (front and back all pages), I can give you complete opinion.  Under Senior Citizens Act, your husband’s mother is entitled to cancel the gift deed, irrespective of your acceptance. Your husband is liable to pay even maintenance to your mother in law. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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