Gift deed
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
Hi All....Experts' Advice needed...:)
My mom has done a gift deed to my sister (both are alive), but my mom is not happy with the deed, as it was written and formatted by my sister(and her lawyer) and without my mom's full knowledge and was signed on some urgency situation. But now my mom wants to cancel the deed and redo the same with her complete knowledge of the draft.
1). Can she cancel this deed?
2). Can she redo the same with her full consent?
Chanchal Nag Chowdhury
(Expert) 25 September 2011
1. NO.
2. Modification can be done to give the true & full effect of the Deed.
Devajyoti Barman
(Expert) 25 September 2011
The gift deed once executed can not be altered or revoked unilaterally by the donor in any circumstances.
However if the same is executed under forceful circumstances or fraud or coercion was exercised in executing the gift deed, the donor may file a suit in the civil court for declaring it a null and void one.
However , if it is found that the deed was nor properly drafted and its modification is needed to make its true import clear, then a further deed of clarification/declaration can be executed.
prabhakar singh
(Expert) 25 September 2011
But now my mom wants to cancel the deed and redo the same with her complete knowledge of the draft.
1). Can she cancel this deed?2). Can she redo the same with her full consent?
ANSWER:::THIS IS NOT POSSIBLE NOW UNLESS YOUR SISTER AGREES AND THEY TOGATHER CAN CANCEL OR CORRECT OR REDO IT. BUT UNILATERALLY YOUR MOTHER HAS NO RIGHT NOW TO DO ANY THING WHAT SO EVER..
ajay sethi
(Expert) 25 September 2011
once gift has been made by your mother by registered gift deed and duly accepted by donee , donor ie your mother has no power to alter the gift deed . once gift is made and dulty accpted by donee title passes on to the donee .
Shastri J.K.
(Expert) 25 September 2011
I agree with mr.Devajyoti Barman.
.
Shailesh Kr. Shah
(Expert) 25 September 2011
Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.
Shailesh Kr. Shah
(Expert) 25 September 2011
Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.
