Confusion in Gift deed
Querist :
Anonymous
(Querist) 20 September 2010
This query is : Resolved
dear sirs,
i posted many doubt in this site, i got your valuable suggestions . thanks.
My grandmom has four children, 2 sons and 2 daughters .in 2 sons , one son is no contact with my grandmom and he is not taken care of her for past 15 years. and another son , we dont know about him where he is for past 10 years...
my mom[ grandmom's first daughter]and grandmom are staying altogether. grandmom's second daughter staying near to us. two years before my grandmom gifted her house[self owned property] to my mom and me[grandson], it is unconditional gift deed. after that we changed eb name and house tax name to our name.
Two month back, my grandmom cancelled the gift deed which was gifted to us.and she saying that she going to sell the house.
1.i consulted to document writers but they saying she can cancel the gift deed.
2.grandmom cancelled the gift deed,incase she expire what will happen to property gifted to us ?
3.Legal heirs is necessary to sell the property which was gifted to us, after my grandmom expires[ she cancelled the gift deed]
4.somebody saying that all the grandsons has rights to claim the grandmom property, because she cancelled the gift deed.
Kindly clarify all the points i mentioned above. and also explain the steps to be taken to protect the property which was gifted to us.Thanks in advance
Surrender K Singal
(Expert) 20 September 2010
Gift Deed (when was it) ought to have been registered in the first instance;
Reason cited in her cancellation may have to be studied;
Will is the answer to escape inheritance by all the four !
Have you got the Gift Deed executed by mutation in Land Revenue records as you got it done for Property Tax liability ?
Generally, A gift is considered irrevocable, if it is out of love and affection;
Continue paying Property Tax in your name, as already mutated;
Querist :
Anonymous
(Querist) 20 September 2010
Thanks for ur reply,
Already we are paying the house tax in our name only and also E.B also.
1.Now my grandmom alone can sell the house?
2.After my grandmom legal heirs sign is must to sell the hosue.which was giftedto us?
3.if my grandmom do any will or settlement to others , it is valid?
Kindly reply to pointwise
Sri Vijayan.A
(Expert) 20 September 2010
1. Please check, wether the settlement deed is conditional or unconditional.
2. If she impose some duties, in the deed itself, on you/ ur mother viz., to take care of her, etc, you have to do those duties
3. On the failure of discharging such duties, she (Grand ma) has right to cancel the settlement deed.
4. Otherwise, if it is simple and absolute settlement deed without any conditions or obligations, she can not revoke the same.
5. If you confirm the above, yourself can find the answers for all you questions
Thank you
Querist :
Anonymous
(Querist) 20 September 2010
Dear sir,
it is unconditional gift deed . she mentioned that u both taken care of me nicely so i gifting to you like that.also she mentioned that she cant able to cancel or modify or revoke the gift deed.
in cancellation deed also she mentioned that she going to do another favour to me tats why she is cancelled the gift deed like that,.
But after cancellation , she threatening us to go out and she going to sell the house.
Now wat steps to be taken?
R.Ranganathan
(Expert) 20 September 2010
File a Declaratory suit based on the gift deed and ask for consequential relief of treating the cancellation deed as null and void.
Querist :
Anonymous
(Querist) 22 September 2010
dear sir,
Whether it can filed after my grandmother?. If we leave like that itself,
after my grandmom, we face any legal heirs problem to sell the house?
Querist :
Anonymous
(Querist) 23 September 2010
Dear sir,
Awaiting for your valuable reply.
