Revocation of unconditional gift regarding

Querist : Anonymous (Querist) 09 December 2011 This query is : Resolved
My grandfather aged 82 has gifted a house(self earned) to my mother towards affection and without any condition, registered in 2008. In 2011 june he revoked the gift given by him stating that my mother is against his wishes. Can he revoke the unconditional gift given to my mother according to Mohammedan law?

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Devajyoti Barman (Expert) 09 December 2011
There is nothing called conditional or unconditional gift deed.
A gift is always absolute and the donor after execution of the gift can not cancel the same in any condition.
However if there was exercise pf any force or coercion he may go to court to get it nullified but can not cacel it by executing another gift.
So your mother is still the very much owner of the said house.

prabhakar singh (Expert) 10 December 2011
Your grand father after having executed any
registered gift can not revoke it by any other deed.For cancelling such gift he needs to file a suit that consent to gift was not free but was obtained by your mother by fraud, misrepresentation,or undue influence.

Hence if he has registered any cancellation deed on his own then your mother need not worry.Sit cool.No harm.

mahendrakumar (Expert) 10 December 2011
yes rightly advised by Prabhakarji.

these could be revoked only on exceptional grounds mentioned above by court.

in short the donor cannot revoke the same unilaterally.

Guest (Expert) 10 December 2011
When the gift was out of affection, as stated by the author, the question of fraud, misrepresentation or undue influence cannot arise.