Execution of new Gift deed !!!
Querist :
Anonymous
(Querist) 05 September 2010
This query is : Resolved
Dear sir,
Let A gifted her house to B and C.[ B can stay in her house and enjoy upto his lifetime but no right to sell, only C has all the rights on that house- mentioned in that gift deed and it was registered]
it was unconditional gift deed. its A's own property.
After gift deed in EB and house tax- both B and C names are appearing.
But Recently A cancelled that gift deed in register office.In E.C also cancellation is appeared.
And my doubts are
so now B can give her 50% share to C through gift deed. whether it is valid ?
so that in future any problem will be coming from legal heirs of A ?
or wat steps to be taken?
Devajyoti Barman
(Expert) 05 September 2010
Gift once executed and accepted by the donees is absolute and can nor revoked or canceled. It can only be set aside by court if it can be proved that it was executed by exercise of undue influence.
M/s. Y-not legal services
(Expert) 06 September 2010
If that gift executed by A in proper mannerly mean, B and C can challenge the cancellation of A's. Because gift once given mean its can't be revoked.. But one more thing as per your statements the above said gift is not a valid gift. Because a gift mean its must be without condition and without consideration. I mean A can't put any condition on B or C to be enjoy the property without selling.. Its a condition. So its not a proper wil.
Y V Vishweshwar Rao
(Expert) 06 September 2010
I agree with Lrd Friends
A Regd Deed can not be cancelled unilaterally . Gift once made & Accepted is final & absolute and the donor has no subsisting right to deal with the Gift property - except on grounds that the execution and registration of Gift Deed is due to Fraud , Coercion , undue influence ,deception etc
R.Ranganathan
(Expert) 06 September 2010
The cancellation is not valid. But anyway you have approach the proper forum for declaration of title as per the gift deed executed in your favour.
Querist :
Anonymous
(Querist) 06 September 2010
Thanks for your replies,
now B can 50% share to C through gift deed?
Uma parameswaran
(Expert) 06 September 2010
B could not give 50% share through gift deed.
Querist :
Anonymous
(Querist) 07 September 2010
because of cancellation of gift deed by A, then wat steps to be taken now??
whether B and C jointly able to sell the house alone, without sign from A?
s.subramanian
(Expert) 15 September 2010
I endorse the views of Mr.Barman and Mr,Rao.
Y V Vishweshwar Rao
(Expert) 16 September 2010
Under Section 23 of the The Maintenance and Welfare of Parents and Senior Citizens Act 2007 - stipulates cancellation of Transfer / Gift/etc made subject to Condition of maintenance of the Transferor/Donor and if the said Condition is violated , it can be cancelled by the Tribunal Under the the said Act - * But the situation is deferent in the above given case .
