Gift deed cancellation
kumar
(Querist) 13 July 2010
This query is : Resolved
Dear sir,
My grandmother gifted her house to my mom[ grandmother' daughter] and me[ grand son] by gift deed which is registered . it is unconditional gift deed and also she mentioned that she has no rights to cancel or revoke the gift deed. Myself , mom and grandmother are all living together in same house only. Name transfer done to house tax and eb. Recently there was misunderstanding between my mom and grandmother, so suddenly my grandmother cancelled the gift deed in register office, and she forcing us to go out of that house. and she threatening us that she going to create a new will or she will sale that house ....
Kindly clarify the following doubts...
1. I discussed with some lawyers regarding this, but they said that not to come out of that house. they said us to stay there itself.and they said that cancellation is invalid. but my grandmom forcing us to go out. Now wat to do?
2.Daily my grandmother meeting some lawyers and judges and she threatening us that i going to take some legal actions like that. whether she can take action and she can cancel or revoke the gift deed made by her?
3. Grandmothers's House has only ground floor, whether i can build first floor and myself and mom can move to first floor? because after putting my money in first floor , whether she take any legal action ? so that invested amount will be wasted.
4. To stop my grandmothers action, wat step can we take?
a)my mom can make gift deed to me now?, whether it is valid ? and it will stop my grandmothers action?
or
b)my mom can make sale deed to me?
or
c)my mom and me can able to sell that house now?, after she cancelled the gift deed.
Please give your valuable reply by point wise.
Thanks in advance
Devajyoti Barman
(Expert) 13 July 2010
The unconditional gift once made can not be cancelled unless it could be proved that the said deed was executed by exercise of fraud,force or other illegal means.
However the circumstances in your case does not warrant such possibilities but to be on the safer side you could now file case for declaration and injunction against any forceful ouster.
Always remember nothing will be done as apprehended by you unless for same the suit is filed and if such happens you would definitely be getting opportunity to defend yourself.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
The house belongs to U & your mom the moment the gift deed was registered.
Impress upon your grandmother that U can legally throw her out & not the other way round.
