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Shibendra.Kol (NA)     06 July 2016

Revoke of gift deed

My father has gifted his house to me, his younger son, by Gift Deed in 2013. My grandfather has given the house to my father by will and my father got probate in 1980. Can my elder brother revoke the Gift Deed claiming that it has been done forcefully by me? We are a Hindu family based in Kolkata.



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 5 Replies

JustAdvisor (IT)     06 July 2016

very very difficult unless he can prove lack of free consent (fraud/coercion/undue influence etc).

Kumar Doab (FIN)     06 July 2016

WILL is probated..

Once the gift is made by donor and accepted by donee, gift is complete.

Is your father alive?

 

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 July 2016

once gift deed is made donee is absolute owner of property . donor has no powers to revoke gift deed .if he wants to cancel the gift deed he needs court orders that gift deed was vitiated by fraud , undue influnece etc .

Shibendra.Kol (NA)     06 July 2016

Thanks all for your replies.

@Kumar Doab - Yes my father is still alive.

@ JustAdvisor - Do you mean to say that my elder brother can challenge the Gift Deed?

@Rama chary Rachakonda - Please note that the donor, that is my father, has no intention to revoke/cancel the Gift Deed he made to me. Its my elder brother who wants it to be cancelled by hook/crook.

I would also like to know from you all whether my elder brother can bring an injunction/stay order/anything else from court, after my father passes away, so that I cannot sell the property?

Kumar Doab (FIN)     06 July 2016

Is there any irrefutable record that establishes that the said brother is aware of Gift deed to you?

If yes keep it safely.

All points have been discussed.

Beyond this you may approach your able counsel for consultation and considered opinion, after due examination of docs and inputs.

 


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