Vey Urgent:About gift deed cancellation???

Querist : Anonymous (Querist) 02 September 2010 This query is : Resolved
Dear sir,

My grandmother[ Age:80] gifted her house to her daughter and her grandson[ my mom and to me] by gift deed which was registered. in that deed she mentioned that my mom can enjoy the property upto her lifetime. but she cant able to sell the house, all the rights and powers given to me only.
My grandmom mentioned that she cant able to change or modify or cancel this deed. after that House tax, EB has changed to our names.

Recently some misunderstanding between grandmother and my mom. so suddenly she cancelled the gift deed it was registered.in E.C also cancellation was appeared. i discusses with lawyers and documents writer but everyone saying different opinions.

a)Somedody saying that once gift deed is executed, it cant be cancelled or revoked because it is unconditional gift deed.you no need to worry about cancellation deed like that.

b)but another saying that there is special consideration for aged people and they can cancel the gift deed .if aged people go to court also , judgement will be favour to them only like that

C)third party saying that gift deed cancellation is invalid in law.

d) my opinion: if my mom exexcute her 50% share to me by gift deed, if my grand mom put witness sign in that , whether it can be valid document? [ because grandmom is angry with my mom only, not with me].she is ready to do any thing favour to me.

Kindly suggest me wat to do?

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Devajyoti Barman (Expert) 02 September 2010
The gift transfer the property in favour of the donee absolutely and any agreement giving any right to the donor to cancel the gist deed at his will is void and ineffective.
In other words if the gift deed is executed within the parameters of lawful contract and is made willfully and voluntarily by the donor then the gift once executed can not be revoked. Section 6 of the Transfer Of Property Act is quite clear on this point.
So the gist is ,neither you nor your mother will have to bother anything about such cancellation.

Querist : Anonymous (Querist) 03 September 2010
Thanks for ur reply. but i dont have much knowledgr about gift deed. in your reply u saying that gift deed can not be revoked. but in last point it was different. if you dont mind can you explain in point wise answer for my question as above . Thanks in advance.