Giftdeed/will dee cancellation validity
kishore
(Querist) 15 November 2013
This query is : Resolved
sir...X...is women...i mean she is daughter of Y' husband brother daughter...but from her childhood TO MARRIAGE X she staying with Y as foster daughter.....later Y ...wrote registered will deed on her property to my mother X....in 1996....later after few months registered will deed was cancelled by Y by force of his husband brothers....in 1997...next Y died in 1998....but X did not know her will deed was cancelled by Y...next after death Y ;S husband brother filled a case on X ...they are legal heirs of the property....in lawyers club of india and many websites...i seen advices that will deed/giftdeed can not be cannot be cancelled with out mutual acceptance ...i mean Y donor cannot cancel without acceptance of X....next i came to know in supremecourt judgement once will deed/giftdeed exected cannot be cancelled/next even if it is cancelled also it belngs to first person whill willdeed/giftdeed exected...please clarify.....
malipeddi jaggarao
(Expert) 16 November 2013
NO clarity in the query. Please reframe the query.
ABDUL RAZIQUE
(Expert) 16 November 2013
Kindly explain your query.
ABDUL RAZIQUE
(Expert) 16 November 2013
Gift deed once made and accepted by the donee cannot be cancelled. A gift deed is a sale deed without consideration. The power given in gift deed is the same as the case of sale deed. Essence of a gift is that it is gratuitous transfer. When there is a evidence to show that donee’s have accepted the gift and mutation in the revenue record has been effected, the donor cannot revoke it. (1993(2) KLJ 974). The assurance or promise made at the time of making the gift deed of the property executed by the mother in favour of her only daughter that the daughter would look after and maintain her mother throughout her life is not enforceable in law as such (AIR 1983 ALL 444). However the gift can be challenged on the grounds of undue influence and procured by fraud and misrepresentation. The essential ingredients of the gift are it is transfer of immovable property made voluntarily and without consideration by the donor and accepted by or on the behalf of the donee and such transfer must be effected by a registered instrument signed by the donor and attested by at least two witnesses. Acceptance may be made during the lifetime of the donor and while he is capable of giving.
ABDUL RAZIQUE
(Expert) 16 November 2013
If gift deed is conditional than it may be cancel.
Devajyoti Barman
(Expert) 16 November 2013
gift deed can not be cancelled in any condition.
Rajendra K Goyal
(Expert) 16 November 2013
Gift deed can not be cancelled but will can always be cancelled / changed at any time.
ABDUL RAZIQUE
(Expert) 16 November 2013
Respected Expert
There are many judgement regarding cancellation of Conditional Gift Deed.
For Example. See Supreme Court of India
Naramadaben Maganlal Thakker vs Pranjivandas Maganlal Thakker & ... on 10 September, 1996
Bench: K Ramaswamy, F Uddin, G Pattanaik
PETITIONER:
NARAMADABEN MAGANLAL THAKKER
Vs.
RESPONDENT:
PRANJIVANDAS MAGANLAL THAKKER & ORS.
DATE OF JUDGMENT: 10/09/1996
BENCH:
K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK
2) See at Website Indian Kanoon.org
Dr J C Vashista
(Expert) 21 November 2013
I agree with experts, gift is irrevocable
