Cancellation of gift deed

Balaji iyar (Querist) 03 May 2016 This query is : Resolved
Hi
My friend smitha has done gift deed after her father had expired by the force of his brother before her marriage. The property is not inherited and her father did not write any type of document., after her father died her brother insisted my friend. She was helpless n did the gift deed. Now she got marrired n wanted to cancel the gift deed. Is their any chance to cancel the gift deed?
Her brother changed the phahani also with his name.
How she can proceed?

Iyer

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Devajyoti Barman (Expert) 03 May 2016
The gift deed once done can not be unilaterally cancelled.
If indeed force or coercion was used then she can file civil suit in court for setting aside the deed.

Adv. Yogen Kakade (Expert) 03 May 2016
Rightly guided by Mr. Barman. But remember that the burden of proof lies on the plaintiff.. hence, keep your supporting evidence ready and draft the suit carefully. Take a help of a smart lawyer.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883

Kumar Doab (Expert) 03 May 2016
Agreed with experts.

Rajendra K Goyal (Expert) 03 May 2016
Gift deed once executed can not be cancelled without agreeing by all parties. Agree with the experts.

P. Venu (Expert) 03 May 2016
Was it a gift deed or relinquishment deed?

malipeddi jaggarao (Expert) 03 May 2016

Whether the Gift deed is registered? Who are all the other legal heirs? If both of you only are the LHrs and you have executed the gift deed and registered it, there is no provision for cancellation and the step suggested by the experts above is the only remedy available. Instead, have a talk with your brother and make a family settlement.

RAVI K GOUD (Expert) 03 May 2016
When is your father expired? When the gift deed is executed and registered? What was your age at the time of gift deed registration?

In case the scenario is like this: If you are a minor at the time of registration, then it is voidable at the option of the minor after attaining the age of majority. So work it out as above as a possibility or else no other option except coercion and undue influence.