PERHAPS, A CONDITIONAL TRANSFER OF THE PROPERTY TO THE SON, ON THE CONDITION THAT HE WOULD TAKE CARE OF THE FINANCIAL NEEDS OF THE PARENTS TILL THEY ARE ALIVE, WOULD HAVE BEEN A BETTER OPTION FOR THE PARENTS RATHER THAN GIFTING THE LAND IN TOKEN OF THEIR 'LOVE AND AFFECTION' ???
Any gift is conscious act and so it has to be irrevocable, unless it is forced upon parents by illegal methods like threat and like! Mens rea need be proved!
true. i agree. parents can file sec 125 Cr PC on Ashokan for his neglect of his parents to render assistance to manage their living, yea the relief they can seek on par with his status too!
Can company ask for return of gift?
Background: my company gifted me a two-wheeler as gift incentive for outstanding performance for last financial year. Company purchased it on loan from bank. Loan was in favour of company not me. This based on partial down payment 60:40 ratio (60 company: 40 me) and monthly installment of 80:20 ratio (80company: 20 me). However, vehicle is registered under company’s name. Registration is done in “State X’ (company’s head office). I lived in ‘State Z’ (branch office). Company delivered vehicle to my state. I paid 40% of my contribution of down payment by my personal chqe in company’s favour and company deducting certain amount from my salary every month toward contribution of monthly payment. On paper they said that they will transfer vehicle to my name when loan period get over. I have proof of cheq, offer papers of gift. Before handing over to me company took my sign on agreement paper that I’ll pay my contributions regularly for entire loan period, and I have to keep vehicle in good condition as it is company’s property till transfer to my name.
However, this year’s performance is below last year, due to unavailability of goods etc. Now company is asking me to return two-wheeler, for which I made significant contribution. I want to know what my options are. In addition, what gift laws say about this in my case? What should I do, keep the vehicle, which is register in company’s name in ‘State X’ or return it. Recovering my money from company is not easy. In addition, what are company’s options? What legal actions can they take and what should my answers? My past career / record in company is very good but regular recalling is hampering my work and I am in mental distress also. For last many days, I did not sleep properly and feeling physically exhausted due to this behavior of company.
Any body please reply me, of my query which i had posted.
1. My father had cancelled my registered unrevokable gift deed which he had given me in 2007. i had filed a suit for cancellation of cancellation of gift deed in2011.
2. Recently court had given me releif of Injunction order and depositing of rent in court by father
3 He is not depositing the rents which is collecting from 2011 and i want to know what should i do know?
1. To vacate my brother in law from my property
2. i want to get my property and want to reside in my house
3 still how much time will court will take to give the judgement in my favour.
Please reply to my email id; email@example.com or firstname.lastname@example.org
My father under influence of my sister and brother in law had cancelled the gift deed which he had given me Unrevokable" in 2007 and he had cacelled the gift deed in 2010 at registrar office.
My queries is.
1 a REGISTERED GIFT DEED CAN BE CANCELLED BY MY FATHER AFTER 3 YEARS.
2. i HAD FILED SUIT FOR CANCELLATION OF CANCELLED DOCUMENT FOR THE SAME IN 2011.
3. How much time the court will take to get it revoke and get into my name.
Please reply me on my email id ; email@example.com
You simply need to distinguish between the two terms, property transferred gift (willfully) during lifetime of the donor, and property that the heirs would be entitled by inheritance after expiry of the owner of the property.
So, there is nothing wrong in any of the two judgments.
My father & father brother both are Joint Family for last 40 years, recently they divided , before divided they divided property too(1 year back),
My father given some property as gifted to my father brother, at same time my father brother given some property gifted,
It’s completely registered(sale deed done) as gifted property at Sub register office guntakal
Now my father brother asking revert back gifted property & also he cancelled gifted property at Sub register
Is it possible revert back? & when we check with Sub register office they said it’s possible to revert back as per there rules.
As per above article I can see or “A gift can't be taken back: SC” as per supreme court order.
A gifted property reverted back by sub register office Is it valid?
If we go to court , before that donor canceled gifted property, if he sell to third party, is third party sale deed valid?
After third party sale deed done, if court given notice to whom we need send notice i.e. Donor or Third party or sub register office or all?
can you give me the case number i can use it in my case
You need to be logged in to post comment
Our Network Sites
Join LAWyersclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.