Doubt in Gift deed
kumar
(Querist) 02 September 2010
This query is : Resolved
Dear sir,
Mr.X gifted her property to Y and Z through gift deed which unconditional. House tax,EB name was changed to Y and Z name. but suddenly Mr.X cancelled the gift deed and it was registered. in E.C also cancellation is appeared. now Mr.X thinking to give the property to Z alone. wat is the procedure for that?
Please give ur replies so that in future Z must not face any problem.
Note: property belong to X was his self earned property. X age is 80. There is any law relaxation for old aged people?
Adv Archana Deshmukh
(Expert) 02 September 2010
If the first gift deed is valid and is accepted by the donee then it cannot be revoked subsequently. Only if the gift is obtained by fraud, undue influence then only it can be cancelled. There is no different law for old aged people.
kumar
(Querist) 02 September 2010
Thanks madam for your reply, but some document writer saying that old age people can cancel the gift deed, if they go to court also judgement will be favour to them like that due to old age.
R.Ranganathan
(Expert) 02 September 2010
when you want to go by the opinion of some document writer then why you are asking for the opinion of the experts in this forum. You should take the advise as it is.
kumar
(Querist) 02 September 2010
sorry sir, i dont have much knowledge in civil and property law.tats why discussing with many to get the clear idea. i will elobrate my question please do the need ful.
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?
Rajeev kulshreshtha
(Expert) 02 September 2010
The law relating to gift deed is well elobrated by Adv Archana.
s.subramanian
(Expert) 02 September 2010
I beg to differ from Adv Archana. In this case the gift has been accepted by the donees which is evidenced by the transfer of names in the EB and Tax records subsequent to the gift deed.After this,if the donor wants to challenge it on the ground of fraud or any other legal grounds,it has to be done before a court of law and that cannot entitle the donor to cancel the document. Only the civil court can declare the validity and the legality of the gift deed once it is put under challenge.
B.R. BHALLA, ADVOCATE
(Expert) 05 September 2010
Normally when a Gift deed is drafted, a few essential elements are mentioned - such as the property is self acquired (because HUF properties cannot be gifted without the consent of co-parceners) over which the donor has exclusive rights. Second that the gift is out of personal love and affection. The gift is irrevocable and accepted by the donee(s). The legal heirs, successors or administrators would not question the validty or interfere in the gift property. I think, if these points have been addressed in the gift document, there is nothing the same tobe challanged at subsequent stage. My regards to all my fellow colleages,
