My mother has gifted the property in year 2010 into my name (I am the younger out of four children's - 3 brothers and 1 sister) on the grounds of love and affection, with the condition that I will not get any rights till my mother is alive, I will be owner after my mother, and it is registered in Sub-registrar office and it is witnessed by eldest brother, and I am taking care of my mother and her expenses. My Mother is a home maker and my father is a retired government employee and kept that property on my mother name when he purchased on the year 1994.
Now, in 2016 from past one month her behaviour is changed and she is telling that she want to cancel this deed and want to give share with my siblings as well (my siblings having there own property gifted and registered and they are the complete owner of their property).
I request you to please advice and suggest and let me know is it possible to cancel this gift deed which is registered.
Asked in Property Law from Madanapalle, Andhra Pradesh
1) once gift deed is executed duly stamped and regd you would be absolute owner of the property
2) title to property passes in your name .
3) your mother cannot unilaterally cancel the gift deed
4) your mother has to move court to set aside gift deed executed in your favour
1) Gift Deed can be cancelled by the Donor(your mother) only with your consent .
2) However as you should benefit the Gift only after mother's death there seems to be conditions attached to the Deed of Gift. If you don't consent for cancellation of the Gift Deed she can obtain a court order and register a cancellation of the Gift Deed if she chooses to do so. However it will be difficult for her to achieve this unless someone assists her.
3) Nonetheless you can not unfortunately take any legal steps from stopping your mother from cancelling while she is alive.
Although without a threadbare perusal of the deed it is difficult to state exactly as to what are her rights under the deed but it seems to be a conditional gift deed that she has executed in your favour. As a corollary thereto, she can cancel it only if any of the conditions laid down in the deed are violated by you. If and when she cancels the gift deed you may file a suit to challenge the cancellation in the civil court.
Thanks to Ajay, Mathew & Ashish for spedning your valuable time to answer my query.
The condition is that I can enjoy the ownership rights of the property only after my mother. But there is no other conditions in the document.
My mother mental condition is not stable due to some family circumstances, she has been taken to NIMHANS as well few years back, now she is all right but every now and then she creates problem to family members due to instability.
I doubt my sister is supporting my mother to cancel the deed.
In case if my mother opt the court, will I be left with any legal options to face the case and what is the probability of judgement coming in my favour.
Asked 11 months ago
1) you can oppose cancellation of gift deed
2) rely upon mother medical reports that she is not of sound mind and is undergoing medical treatment for her illness
3) mother has to prove that gift deed was executed under undue influence or coercion
1) In case your mother is unstable mentally she won't succeed in her efforts to obtain a favourable decree to cancel the the Gift Deed.
2) In case she moves court you can always bring before the court the facts about her ailment and treatment.
3) In case the sister is found to be supporting the mother you can make her a party on the court proceedings. You have nothing to worry until your mother makes any concrete steps.
Hi, Once the gift deed was registered in your name then it can't be cancelled.
If your mother goes to court then you will get sufficient opportunity to contest her case. No comments on the probability of a judicial proceeding that is yet to be commenced.
a gift deed once executed cannot be cancelled.
In your case the gift deed was registered in the year 2010.
If at all your mother were to cancel the deed she should have done it in the year 2013. She cannot cancel the gift deed now(after passage of six years).
Please refer to the judgment of S U P R E M E C O U R T O F I N D I A, CIVIL APPEAL NO. 4195 OF 2008
RENIKUNTLA RAJAMMA (D) BY LRS.. Appellant (s) VERSUS K.SARWANAMMA Respondent (s). This is applicable to you.
You can be rest assured that your mother and others cannot cancel the gift deed on any grounds.