Gift deed cancellation procedure and rights


Dear Sir/Ma'am, 


I have a request regarding my father's property who is 74 yrs old and want legal advises from you. Myself Gaur Chakroborty, and we are two brothers. I stay in Mumbai and my brother and my father used to stay in Kolkata. My mother had expired on 2013. Kolkata's property was in the name of my father. My mother had expired on 2013. 

Before proceeding further, I must give more information about my brother. He is physically and mentally weak infact, 100% incapable ie. not by birth but by his wrong doing and negative life style. He is HIV+ since 2005 and gone to depression due to the same since then. He was a regular patient of Kolkata Tropical Medical College since 2005 and was shifted to R. G. Kar Medical Hospital on 2009. Right now he is regular patient of R. G. Kar Hospital. Moreover, he used to work in Kolkata Municipality Coorporation since 2009 (not a govt. employee but working under others payroll). He was sacked in 2014 due to his misbhaviers and volient attitude which was due to his medical problem unknown by Kolkata Coorporation. He used to get so volient that whatever he founds, he used to hit or throw on others. He was picked up by police 3-4 times on the basis of the complains raised by Kolkata Municipality Cooporation but let him go after knowing his medical condition. 

After my mother's death on 2013, within two months, my father had gifted his kolkata property to my brother who is physically unhealthy and mentally too and is depandent on others. In 2014, my wife brought him to Mumbai for treatment. But he used to get so voilent that he picked up anything like knife and other hard and sharp thing and used to charged us. I then admitted him to J. J. Hospital after consulting with one of top most doctor of Vakti Vedant Hospital who advice me to put him in hospital on immediate basis. He was there for 2 weeks where he was even given Electroconvulsive Therapy (ECT). He was getting quite fine after release from J. J. Hospital. But my father took him again to Kolkata where he again stop all the medicine adviced by J J Hospital. I tried to bring him to Mumbai again but he didn't came here and started blaming that I'm trying to make him mental patient. So I stopped keeping any relation with my father and brother there after. But after two months his condition gone worsden. He started taking drugs. He used to withdraw all my father's pension and used to spend all alone. From November 2014, my father used to called me a tell me that my brother was beating him just like anything. Even our neighbours used to called me to do something because my brother used to get so voilent that any day he can killed my father. So I had to go Kolkata on February 2015 and put him in a Private Mental Home. He is still there for past one year and having treatment under qualified Doctors.

This is the gist that I have given. My main legal issue is my property now. Which I need to solved it with all of yours kind advices. Since the property is in the name of my brother who is not capable to take the decission of his own and the same is vacant right now, how I can take control of the same. Since I am leaving in Mumbai and can't managed both Kolkata and Mumbai, my father decided to sell that property which he had already gifted it to my brother. And now he is in mental home for past one year. 

Please advice me, if there is any laws that my father can cancelled the previous registration and can have the signatory rights once again without my brother's concern ? 

Thnx and rgds

Gaur

 
Reply   
 
Retd Sr Director Govt of India/ Advocate

 

1) Once gift deed is made, donee is the absolute owner of the property. Donor has no powers to revoke the gift deed.  If he wants to cancel the gift deed he needs court orders that gift deed was vitiated by fraud, undue influnece etc.

 

 

2) Mere registering the gift deed does not afford to pass the title of the property.  Creation of right of any person must be completed by acceptance.

 

 

3) The recital of the Gift Deed is important.  If stipulated that after the death of the donor the title passes on to the donee and in the mean time the donee is entitled only to mesne profits, then the deed becomes conditional and can be revoked.

 

 

4) Only after examining the recital vis-a-vis the medical capacity of the donee, the advice can be given.

 

 


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Originally posted by : Dr Katta Venkata Rama Krishna
 

1) Once gift deed is made, donee is the absolute owner of the property. Donor has no powers to revoke the gift deed.  If he wants to cancel the gift deed he needs court orders that gift deed was vitiated by fraud, undue influnece etc.

 

 

2) Mere registering the gift deed does not afford to pass the title of the property.  Creation of right of any person must be completed by acceptance.

 

 

3) The recital of the Gift Deed is important.  If stipulated that after the death of the donor the title passes on to the donee and in the mean time the donee is entitled only to mesne profits, then the deed becomes conditional and can be revoked.

 

 

4) Only after examining the recital vis-a-vis the medical capacity of the donee, the advice can be given.

 

 

Thnx for your reply Sir. Please advice me, who can sell this property now ? My brother is in mental home for past one year, there is no sign for recoverning. He was drug addicted and spoiled him. He thinks that I will take his property and  a jealousy works for him all the time. He always try to compare him with me and now since my career is quite stable and he couldn't done much which was the main issue for him. He is so selfish, he never blame himself for his present situation. He alway see me as his competitor. From 2004 I used to guide him how to take care of his HIV virus. But my problem is I'm getting tried of all these things right from 2004. I want to get release one by one. My property where I was born, is left vacant in Kolkata and unable to do anything due to father's wrong decissions. He thought I'm quite stable in Mumbai and there will be no one to take care of my brother. So he gifted the same to him without realising the future which is present right now. 

How my father can sell this property right now ?

 
Reply   
 

Can anyone suggest me what to do next if I want to sell my property ie. how my father can sell it ?? What are the steps we should follow now ??
 
Reply   
 

Is it possible if I can take Power of Attorney from my brother and then proceed for the sale ??

Please advice since I'm just tried and in a great trouble to handle me present situation. I'm unable to concentrate in my job which is a great issue. I can't move to Kolkata frequenty which is hamperring my job.

 
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