• Cancellation of gift deed without consent

My mother has 6 children's , 4 younger brother, 1 sister and i am the the elder son. My mother on 2005 made a land gift deed to me entitled to me. As, a elder son i have fulfilled my responsibilities and that to has been mentioned in deed. And the deed also states that in future this deed cannot be cancelled even if the donor wills to cancel. And it has been signed by all my brothers and sister that they accept it too.

 Later in 2008 due to some quarrel between my brother and my wife while i was in abroad , they went and cancelled the gift deed and transferred it to my mothers name.
and changed their names in property tax, water tax except EB. 

Its almost 9 years and they are still living in my house at top floor and even the electricity is paid by me for them as the electricity card has been registered under my name. And they filled the case that i have done fraud and i have not fulfilled my responsibilities, And my lawyers have still not shown any progress. The opposite party are always filling false petitions and its still in IA Pending. 

My mother is also under their custody and they are not letting me to meet her, i want to take my mother to my custody as she is in her old age she is in a terrible condition. i can facilitate my mother with much better amenities. Please provide me guidance.

My question is?
What can i do now to end this case as soon as possible?
How to change the name of deed to mine?
How to get my mother to my custody?
Asked 20 days ago in Property Law from Chennai, Tamil Nadu
Religion: Muslim
You can approach in writ petition to HC for speedy remedy. You can also file case under provisions of senior citizens Act for the same.
Prashant Nayak
Advocate, Greater Mumbai
1969 Answers

4.8 on 5.0

Please let us know whose property it is if your mother has made gift deed to you only she can revoke it stating that the gift deed was obtained by fraud..Your brother had got no right to get deed cancelled. 
You approach high court with writ petition seeking direction to trial court to dispose case at earliest.
Without your consent your brother cannot cancel gift deed to your mother name you can file a suit for declaration based on gift deed executed by your mother in your favour.

Lodge a complaint with police regarding ill treatment done by your brother to your mother seek their help to meet your mother
Swarnarka Chowdhury
Advocate, Mysore
886 Answers

5.0 on 5.0

1) gift deed cannot be unilaterally cancelled

2) mother ought to have filed suit to set aside gift deed 

3) suit would take years to be disposed of depending upon pendency of cases in trial court 

4) you have to file suit to set aside unilateral cancellation of gift deed by mother 
Ajay Sethi
Advocate, Mumbai
44256 Answers
2568 Consultations

5.0 on 5.0

unilateral cancellation of gift deed is unsustainable in law 

2) file suit to set aside cancellation of gift deed by mother 
Ajay Sethi
Advocate, Mumbai
44256 Answers
2568 Consultations

5.0 on 5.0

Since its her property she can gift property to your favour. And you can file for declaration that you are legal owner of property as pergift deed executed by your mother in court. Ensure that your mother is in your favour. Since Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid. However, certain grounds for revocation of a gift are permitted in law. Since gift was revoked without your consent it is invalid.
Swarnarka Chowdhury
Advocate, Mysore
886 Answers

5.0 on 5.0

The gift deed cannot be cancelled unilaterlly without or consent it is not valid the property is still yours.
Challange the cancellation deed and even your mother cannot cancel the deed.
The cancellation is invalid and cannot be made by donor without consent of donee.

File a suit for cancellation and possesion of your property and as an interim relief pray before court to restrict them to enter your house.

You said you already filed case on what ground and what is he stage of case???
Shubham Jhajharia
Advocate, Ahmedabad
2034 Answers
8 Consultations

5.0 on 5.0

1) First of fall gift deed won't get cancelled by the donors wish , it is cancelled by donee's wish and donee is you.

"Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid. However, certain grounds for revocation of a gift are permitted in law. A gift may be suspended or revoked on specified grounds."

2) So should have filed case 9 years back, now check you can file case against your brother as time limt already has been passed away.

3) To end this conversation please try open talk with your brother or with all brothers and ask for your benefits accordingly.

4) You have full rights to takecare of of your mother, so can directly to custody of her. You are elder son you can directly pickup her and takecare at your house of her. Why to ask others for request or pleasing manner. Mother is yours too.
Ganesh Kadam
Advocate, Pune
1739 Answers
6 Consultations

4.9 on 5.0

1. What is the stage of the case?
2. What is the IA for?
3. Are you the defendant?
4. If she is kept in confinement against her will, then file a habeas corpus petition to produce her.
Rajaganapathy Ganesan
Advocate, Chennai
1023 Answers
4 Consultations

4.9 on 5.0

Dear,
       Donor has no powers to revoke gift deed .if she wants to cancel the gift deed she needs court orders that gift deed was vitiated by fraud , undue influence etc . in your case since mother has unilaterally revoked the gift deed you only option is to move court to challenge the revocation of gift deed by your mother .
Tarun Agarwal
Advocate, Jaipur
124 Answers

Not rated

Supreme Court of India
Renikuntla Rajamma (D) By Lr vs K.Sarwanamma on 17 July, 2014
Author: T Thakur
Bench: T.S. Thakur, V. Gopala Gowda, C. Nagappan

Case Note:
Civil - Gift deed - Validity of - Present appeal filed for challenging order by which, High Court held that gift deed made in favour of Respondent was valid and was irrevocable in nature - Whether gift deed was valid as Appellant failed to prove that same was vitiated by fraud or undue influence - Held, no provision in law stated that ownership in property could not be gifted without transfer of possession of such property - Execution of registered gift deed and its attestation by two witnesses was not in dispute - Recitals in gift deed proved transfer of absolute title in gifted property from Appellant to Respondent - Hence, High Court was justified in refusing to interfere with decree passed in favour of Respondent - Appeal dismissed. [paras 17, 18 and 19]

Renikuntla Rajamma vs. K. Sarwanamma (17.07.2014 - SC) : MANU/SC/0612/
Yugal Anjana Bhatia
Advocate, Mumbai
43 Answers

4.9 on 5.0

Hi, 
The doner in her life time can cancelled the gift due to  violation of gift condition any clause restraining to revoke of gift is Ultra wires means you cannot hold the donor to cancel the gift and the Donee have very limited options you need not to prove that you have not violated the gift conditions it is up to the decision of the donor to decide whether you have made that condition fulfilled or or not
Vimlesh Prasad Mishra
Advocate, Lucknow
1745 Answers
3 Consultations

4.9 on 5.0

Hi, Once the property had been gifted to you it can't be cancelled. So cancellation Deed is not valid one.

2. Still you are the absolute owner of the property and you have to file a suit for declaration that you are the absolute owner of the Schedule property and the Cancellation deed executed by your mother is not  binding on you.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

My question is?
What can i do now to end this case as soon as possible?

The court cases will run for years because of the factors involved in it.
You have seen that the opposite parties are unnecessarily dragging on the case with some or the other excuses or reason.
You may be in touch with your lawyer frequently to get the latest updates.




How to change the name of deed to mine?

What is the suit you have filed, for declaration or cancellation of the cancellation deed?
In any case, ever since the registered gift deed was executed in your name, there is no necessity for you initiate steps to change the deed in your name becasue it is already in your name only.




How to get my mother to my custody?

Your mother is  not a child that you can get her custody.
You have to gather evidence for her sufferings and the illness, apply before court for taking care of her and to provide her better medical treatment elsewhere.
If she is mentally handicapped you may file a petition for seeking as court guardian to take care of her
T Kalaiselvan
Advocate, Vellore
34418 Answers
368 Consultations

5.0 on 5.0

The property was my mothers and she made the the gift deed to me stating "my son has fulfilled all responsibilities and in future i even if i will to cancel this deed it cant be done."  In 2008 they made my mother to cancel the deed without my concern forcefully in fear that if i return from abroad i would ask them to leave my house.



The revocate of the registered gift deed is not valid in law.

This gift deed cannot be cancelled unilaterally by the donor and any such act will be invalid and illegal in the eyes of law.
T Kalaiselvan
Advocate, Vellore
34418 Answers
368 Consultations

5.0 on 5.0

1. Gift deed once executed and registered can not be cancelled unilaterally by the donor. So the cancellation deed has force in the eye of law.
2. So file a suit for declaration that the cancellation deed is null and void and hence a non est.
3. lodge a complaint with local police against your brother alleging wrongful confinement and wrongful restraint of your mother.
4. if that does not give good result then file a habeas corpus petition in high court.
These measures are sufficient to resolve your issues.
Devajyoti Barman
Advocate, Kolkata
12511 Answers
160 Consultations

5.0 on 5.0

1. The moment the gift deed is executed it results in an instantaneous transfer of title from the donor to the donee whereupon the donor ceases to have any right, title or interest in the property gifted by him. The donor has no competence to cancel the gift deed. It can be cancelled only by the civil court.

2. You should file a suit for declaration that you are the title holder of the property and the cancellation deed made by your mother is void.

3. Consult a lawyer with the suit papers of the case filed against you.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

You have to file suit to set aside cancellation of gift deed by mother unilaterally 

2) number of judgments that gift deed cannot be cancelled unilaterally 

3) you can make application to court for being appointed as guardian of your mother if she is seriously ill 
Ajay Sethi
Advocate, Mumbai
44256 Answers
2568 Consultations

5.0 on 5.0

The high court is not the appropriate for cancelling the cancellation deed cancelling the registered gift deed.
Since you have already filed a suit in this regard, you have to follow it up through legal due process of law only.
It there is an inordinate delay, you may aproach high court with a petition seeking direction for expeditious trial and disposal of the long pending suit.

The cancellation ded cancelling the registered gift deed is not valid in law and you are assured of success at the end, but it is not understood that why this case is handing around for 10 years without any progress.

If you feel that your advocate is not effective or not cooperating properly then you may change the lawyer.

If you feel that your mother is kept under captive and is being mistreated  and not taken care properly , you may file a petition before court seeking to take her custody and for taking care of her health.

In this two things are there that:
1) She should be proved to be physically handicapped and that she has not been taken due care by them hence you want to take care of her as a guardian to her for the purpose of taking care of her health in her last days;
Next hassle is that since the suit is filed against her, it may not be taken in a right perspective, your intentions may be misread stating that to put pressure on her to give up the case in your favor that you are planning this design.

You have to take care of above two things.
T Kalaiselvan
Advocate, Vellore
34418 Answers
368 Consultations

5.0 on 5.0

The law is once the gift is settled in favour of donee, the donor looses his/her right over the property. The registrar is not competent to cancel the gift deed. You can challenge the competence of the registrar, set aside the cancellation without delay.
Rajaganapathy Ganesan
Advocate, Chennai
1023 Answers
4 Consultations

4.9 on 5.0

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