Cancellation of gift deed
Naveen Kanth Dasari
(Querist) 16 August 2013
This query is : Resolved
Hello,
I have a query regarding Cancellation of Gift Deed.
The Issue is:
An elder brother ( 63yrs age) had gifted his property to his younger brother (61yrs age), in the year of 1999, as the elder brother has 4 daughters out of them 3 are married, and the younger brother has 1 son and a daughter.
As the terms were good between both of them at the time gift, the elder brother had gifted the property out of love and affection, and moreover as both of them have only male child in between the 2 brothers to look after them in there later stages.
But as of now the difference arose between them and even the son of the younger brother, has bet his aunt & cousin sisters.
Now in the year of 2012 the elder brother had filed before the MRO for cancellation of gift deed, and subsequently the gift was cancelled.
Now the younger brother had filed a suit in the court challenging the cancellation.
Now the question is:
1. Can a gift deed be cancelled as the motive behind the gift is not justified? Any citations?
2. How far there is winning situation of this case?
3. There is status quo on the cancellation, will the Interlocutory Application be dismissed?
Raj Kumar Makkad
(Expert) 16 August 2013
1. The gift deed cannot be cancelled merely on the ground of motive but if the property was ancestral then the same could not have been gifted. The relevant judgments can be searched from indiankanoon.org
2.Nothing can be commented without going through the pleadings of the parties.
3. Generally interlocutory orders in such typical cases remain operative till finalization of the suit.
Raj Kumar Makkad
(Expert) 16 August 2013
1. The gift deed cannot be cancelled merely on the ground of motive but if the property was ancestral then the same could not have been gifted. The relevant judgments can be searched from indiankanoon.org
2.Nothing can be commented without going through the pleadings of the parties.
3. Generally interlocutory orders in such typical cases remain operative till finalization of the suit.
Rajendra K Goyal
(Expert) 17 August 2013
Well advised by the expert raj kumar Makkad ji. Nothing more to add.
