Revocation of a Gift deed to a Minor after attaining majority.

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved
Respected Gentlemen,
I am a 22 year old women from Andhra Pradesh. My grand mother gave me a house by registered gift deed in 2004 when I was 16 years and 4 days(minor). In the Gift deed she mentioned that after her death the property goes to my mother, after my mother's dealth the property will come to me with full powers. But my mother has only right to enjoy the property in her life time.

And in Aug 2006, again she cancelled the deed with the help of my mother by threatening my mother that if she does't accept to cancel, she will not give it to her also. Hence, my mother and my grand mother has cancelled the gift deed in Aug 2006 when I was 18 years and 1 month old without informing me.

After cancelling the deed again she wrote a will(vilunama) saying that after her death the property goes to my mother. My mother will only enjoy the property in her life time. After my mother's dealth the property goes to my mother's sister i.e the second daughter of my grand mother.

Is this cancellation can be challenged in court now? My mother also supports me now. My grand mother is still alive now. Can I challenge the case now, or after the death of my grand mother?

Please give me your opinion for this case.

Follow Query

Report Abuse

A V Vishal (Expert) 12 January 2011
Yes you can challenge the cancellation, in my opinion once a gift is both given and accepted then the donor has no powers to cancel it unless it is onerous gift, further, gift to a minor duly accepted by the natural guardian becomes the property of the minor and in such case even the natural guardian cannot revoke the gift in connivance of the donor, hence the cancellation is void, however, in the original gift there is a condition that the property will move on to you only after your grandmother's and mother's death, hence there is a bit of technicality involved in the issue. However, your grandmother cannot will the property to her second daughter and the will can be challenged after her death on the above facts.

adv. rajeev ( rajoo ) (Expert) 12 January 2011
Once gifted it cannot be revoked.

s.subramanian (Expert) 12 January 2011
I fully support and endorse the view of Mr.Vishal.

Kirti Kar Tripathi (Expert) 12 January 2011
perfectly correct advise by Mr. Vishal, I agree with him.

Uma parameswaran (Expert) 12 January 2011
Yes.You can challenge the cancellation.

R.Ramachandran (Expert) 12 January 2011
Dear Ms. Uma,
Did you read what Mr. Vishal has stated.
If in spite of such a view, if you say that "you can challenge the cancellation" can you please elaborate as to what is the basis on which you say so?