My mother is a donee of a registered gift deed executed by my grand father for 1/6th share in a property in the family property since 2001. Our legitimate 1/6th share was removed in 1999, and subsequently out of love and affection my grand father reinstated our share by way of this gift deed. The deed has no conditions for revocation of the same. However, in 2005 the gift deed was cancelled without any intimation to us. We became aware of this only now. We have also come to know that the property has been sold and the monies have been distributed amongst other family members. Please advise what is the legal recourse for the same.
24 May 2010
Gift deed once accepted and registered cannot be canceled unless it is a conditional gift. In your case, it is not a conditional gift and hence it cannot be revoked. As the property has already been sold, you may file partition suit for claiming your share of money.