Gift deed
NAGARAJ
(Querist) 21 January 2013
This query is : Resolved
Dear Sir
My father and mother agreed together and gifted (gift deed rgistered) the property which was in my mothers name to one of my brother without our (2 brothers and a sister) knowledge. now my father is no more, got expired year back. but now when all childrens claiming for their share in parents property, my brother is not ready to give any share from his gifted property even after my mother putting pressure to him to share that property with other children.
My question is can my sister, my mother and 2 brothers ask the court to cancel the gift deed, since it was done without our approval or signature.
will the case stand if my sister ask her share from their parents demanding for equal share for womens in father property
kindly explain me what can be done. since my parents have made mistake by giving him property which has to be shared by all children. now he is not ready to share that property with any one of us
my father is no more to convince him and he is not ready to listen to my mother words.
Please find me the solution.
Devajyoti Barman
(Expert) 21 January 2013
Sorry, you have no share in it. The borther in whose name the property was gifted is its absolute owner.
Hemant Agarwal
(Expert) 21 January 2013
1. A Registered + Stamp duty paid Gift Deed is a "Irrevocable Deed". Once a Gift Deed is executed, it cannot be cancelled or revoked by even the Gift-Maker.
2. For making a Gift of ones own property, they is no necessity to take anybody's approval or permission
3. However, IF one can prove that the Gift-Maker, was of un-sound mind or a lunatic, THEN one can approach the Courts to declare the Gift Deed as null & void.
NOTE:
4. IF the gifted property is an "Ancestral Property", THEN the said ancestral property cannot be gifted and will render the Gift Deed as null & void.
Keep Smiling .... Hemant Agarwal
prabhakar singh
(Expert) 21 January 2013
The moment a gift deed is executed by a donor(an absolute owner and possessee of property,the subject of gift) and accepted by the donee,the gifts becomes complete and all the rights and title that donor had passes to
donee at once.To make a valid gift donor does not need sanction or consent of his/her prospective heirs.
Gift once made can not be revoked unilaterally even by the donor,however,like
any other deed the donor can challenge it to make it voidable through a civil suit of cancellation, on the ground that consent was not free and was obtained by plying fraud misrepresentation,undue influence,or coercion by the donee upon the donor,or that donor was so intoxicated or was suffering from such lunacy that put him in condition of being incapable to give consent.
