right on gift deed given to her brother

pavankumar (Querist) 15 April 2013 This query is : Resolved
my mother has any right to take her gift back which is given to her own brother
is their any right to cancel the gift deed now
if yes at what circumstances ?

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ajay sethi (Expert) 15 April 2013
once gift deed has been executed by your mother in favour of her brother he is the absolute owner of property . property vests in her brother . gift cannot be cancelled by your mother now .

I presume gift deed has been duly stamped and regd

Adv k . mahesh (Expert) 15 April 2013
As per section 123 of the Transfer of Property Act, the transfer of a gift of immovable property must be effected by a registered instrument signed by donor and attested by two witnesses. For movable property such as a car, such a registration is not mandatory and transfer can be achieved by delivery

The donor and donee may agree that on the happening of a specified event, which does not depend upon the will of the donor, a gift shall be suspended or revoked.

Raj Kumar Makkad (Expert) 16 April 2013
Gift once made and accepted by other person can never be taken back provided the gift was conditional and the condition has been violated by donee.

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