Revoking a Gift deed by family members

Guest (Querist) 29 November 2009 This query is : Resolved
Dear Team,

I would like to know if a gift deed can be revoked.
My father had gifted a piece of land to my sister on which there is a house constructed where we( me and my mother) live. My father is no more with us. The gift was done through registerd gift deed.Can we revoke the gift deed? if yes then under what circumstances? and one more question does the donor need to take the consent of others while gifting? Our father had done the gift deed for the purpose of construction of a building as he was over the age of taking loan and I did not have the eligiblity to take loan. Please guide me.

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A V Vishal (Expert) 29 November 2009
Going by the details of the query it is unclear whether the gift was conditional or unconditional, further, it is also not clear whether the gifted land was ancestral or self acquired property of the donor. In case of self acquired property, consent of other family memmbers are not required for gifting the same, however, if the same is ancestral then consent is required. Please note that a registered gift deed cannot be revoked even by the donor.

joyce (Expert) 29 November 2009
All matter is covered clearly in the answer of vishal so I keep my step on his step to answer u sir.

niranjan (Expert) 29 November 2009
If loan was taken in the name of your sister,then she is liable to repay.If you repay her debt and persuade her to regift to you.

Raj Kumar Makkad (Expert) 29 November 2009
It shall be better if you take the services of any local lawyer and show him the gift deed you mentioned. If your father had gifted jud=st for the purchase of construction or seeking loan and if either of the term is mentioned therein then your case is good. The nature of the property is also an important factor to be noted. if the property was ancestral then your father could not have been gifted it and such gift can be got nullified through competent court of law by you and your mother and if the same was ancestral then the consequences shall depend on the condition.

Poonam Upadhyay pathak (Expert) 29 November 2009
Agree with Vishal sir.

adv. rajeev ( rajoo ) (Expert) 30 November 2009
gift was made by your father, you all have gifted the property, so you cannot revoke the gift deed executed by your father.
If it is ancestral property you all have got share your father had right to gift his share only.

Guest (Querist) 06 December 2009
An investment for the building on the gifted land was done by my father by selling an existing ancestral property. Under such circumstance can we have a claim on the building??