Gift dead cancellation
KRISHNA KUMAR P
(Querist) 24 September 2011
This query is : Resolved
Sir,
I am resident of Visakhapatnam, working in private company. My grand father having a site and house in our village in 15 Jul 2003 he was given the site to his 4 daughters by the way of gift deed and registered in Gajapathinagaram sub-registration office. Now he was died in 15 Jul 2011. After his death may uncle (brother of my mother) is constructing a house in the site which was given to my mother and her sisters.
Now my uncle saying that the gift registration was canceled by my grand father in 19 Aug 2005 same was not informed to his 4 daughters. When we applied for EC it was showing two transitions one is in 2003 and another one is 2005 but booth transition was showing my grand father’s name and his 4 daughters. In second transition there a note i.e. gift settlement is revoked.
In cancellation gift dead my grand father mentioned that when I am giving property to my 4 daughters I have love and affection with them now love and affection was decreasing day by day so I am canceling the gift deed.
My question is that, once gift dead resisted how can it canceled without intimation to donee. It is acceptable or not?
Need your suggestion.
Regards
Krishna
Shailesh Kr. Shah
(Expert) 24 September 2011
Unilaterally your grand father can't
cancel gift deed. subject to in life time of you grand father, if gift was accepted by his 4 daughters.
Raj Kumar Makkad
(Expert) 24 September 2011
Once gift made, the testator loses all rights in the gifted property so there was no occassion with your grandfather to revoke the said gift in the year 2005.
Thus you mother and her sisters are exclusively owners of the gifted property so immediately get a say order of civil court against your uncle otherwise there shall be more problems in future.
Guest
(Expert) 24 September 2011
Agree with both the experts.
sanjeev murthy desai
(Expert) 24 September 2011
please completely go through the Gift Deed of your grandfather. If your grandfather reserved the rights of cancellation of such gift deed, then he has right to revoke the gift deed otherwise it is not possible.
Advocate M.Bhadra
(Expert) 24 September 2011
Gift deed once executed can not be revoked/cancelled(T.P.Act,sec.122),it may be be revoked in certain cases by the order of court if the said deed made by coercion,fraud and misrepresentation.But in your case your grandfather already died,since then your are rightful owner.You may seek for any relief you should fife a case of declaration and injunction in Civil Court.
prabhakar singh
(Expert) 24 September 2011
The moment the DONOR GIFTS AND DONEE ACCEPTS IT ,THE TRANSACTION BECOMES COMPLETE AND IRREVOCABLE,the owner/donor's all right title and interest momentarily passes to vest in the donee.Therefore ,the gift dated 15 July 2003 registered conferred absolute title in 4 daughters just at moment.
Your grand father after that GIFT had no right or title or any interest in the property gifted,and had no right to cancel it on 19 Aug 2005 or on any date EXPARTE AND UNILATERALLY UNLESS HIS 4 DAUGHTERS ALSO JOINED THE DOCUMENT AGREEING FOR CANCELLATION.
HENCE DEED DATED 19/08/2005 IS VOID AND ILLEGAL AND NOT ENFORCEABLE AT LAW.
THE REMEDY OF THE 4 DAUGHTERS IS TO FILE A SUIT OF INJUNCTION AGAINST THEIR BROTHER[YOUR UNCLE] OR WHO SO EVER ON HIS BEHALF TRYING TO RAISE CONSTRUCTIONS.AS THE RELIEF IS OF EQUITABLE NATURE,THEY 4 OR ANY OF THEM AVAILABLE FOR BENEFITS OF ALL SHOULD FILE THE SUIT FORTH WITH WITHOUT MAKING ANY DELAY.
So rush up to engage a civil lawyer along with registered gift document of 2003 and make arrangements to file the suit without any delay in this regard.
Sankaranarayanan
(Expert) 24 September 2011
All my learned friends are explained well . so you follow according their advise with your advocate .yes time and tide are not wait. so better to file a suit and get a stay .
sanjeev murthy desai
(Expert) 29 October 2011
126. When gift may be suspended or revoked
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Illustrations
(a) A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field.
KRISHNA KUMAR P
(Querist) 14 November 2011
Sir,
We filed a suit of injunction against my uncle. Sr. Civil judge, Vizayanagaram has give states co up to 12 Nov 11.
Now may uncle’s layer submit to court his affidavit, it was saying:
I submitted that prior to the filing of the suit, the plaintiffs got issued a legal notice dated 27 Jan 2005 claiming right under the suit document to may father for which he sent a reply denying the right of the plaintiffs under the said document and further informed that he is canceling the said document and accordingly, may father cancelled the said document on 24 Apr 2005.
But in real we sent legal notice but we did not get any replay from him.
Now what will be happen in this case please tell me my further step?
In this case gift revocation is possible?
