Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Is revoke of gift deed possible by donor after donee death

(Querist) 31 August 2015 This query is : Resolved 
My grand mother gifted 5 flats to my father through registered instrument in June 2012 without notice to my dad's brother and sister. On feb 28 2015 un fortunately my dad (donee) expired. Now I got the information from my relatives that my dad's brother and sister along with my grand mother (donor) trying to revoke gift deed on the ground that my dad did not accepted gift in his life time. Unfortunately we have no proof of possession. Even electricity bill was not muted in name of my father. Please help me with suggestions and what remidies I should take.
Anirudh (Expert) 31 August 2015
Have you seen the Registered Gift Deed?

Who have all signed there?

If your father had not accepted the gift, how he had mortgaged the flats to the Bank?
Dr J C Vashista (Expert) 31 August 2015
Same author, same property with different version; i.e. earlier query it was "unregistered mortgage deed, NPA loan..." and this post "gift deed". Are you a student or examinor?
malipeddi jaggarao (Expert) 31 August 2015
Repeated query. Answered at first thread.
ADV-JEEVAN PATIL, MUMBAI (Expert) 31 August 2015
If gift is validly made of self acquired property n accepted , it cannot be revocked. Oppenent will not succeed.
Rajendra K Goyal (Expert) 31 August 2015
All related documents need to be referred, consult local lawyer.

Normally valid gift deed is irrevocable.
saquib (Expert) 01 September 2015
If in the Deed your father has accepted the Gift and Possession then the Gift can not be revoked.

Witnesses in the deed will play vital role in proving the acceptance of the Gift.

Regarding mutation if the title of the property is transferred by valid document not mutating the name of donee will not create any hurdle you can apply for mutation now on the basis of Gift Deed.
Guest (Expert) 01 September 2015
No proof - no case. If gift remained unaccepted, you cannot challenge the action of your grand mother on the issue of cancellation.


T. Kalaiselvan, Advocate Online (Expert) 05 September 2015
The author is making fool of the experts here. He posted the same matter stating that his father availed mortgage loan on the said properties and they have become NPA and now what to do. He is twisting the query by saying that his father did not take possession. Is he thinking that the experts here are filtered fools or whether he is manipulating the same question in different angle to update his academic knowledge?
No reply to academic questions.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :