Gift deed validity

Shankar (Querist) 20 November 2013 This query is : Resolved
Dear Expert,
I have query regarding gift deed cancellation. And my point wise statements are below,

1. My grandmother gifted her house [self owned] to us [grandson] and deed was registered and it was unconditional.
2. Then my grandmother cancelled the gift deed without mentioning any reason and same was registered.
3. Once again my grandmother cancelled the gift deed by mentioning that we are not taking care of her and same was registered.
4. Then we filed a injunction suite at munsif court for gift deed cancellation.
5. While case was in court, my grandmother done sale deed to my uncle.

Please clarify , I am really worried about the case and whether sale deed is valid?.

Follow Query

Report Abuse

T. Kalaiselvan, Advocate Online

(Expert) 21 November 2013
If an unconditional gift deed has been acted upon after its execution, the donor has got no right to cancel the said deed and any cancellation and subsequent alienation of the property mentioned in the schedule of the gift deed is invalid in law. You can file a suit to declare the cancellation of gift deed as null and void.

ajay sethi (Expert) 21 November 2013
sale deed is not valid . once your grandmother has executed a registered gift deed she ceases to be the owner of property . grandson becomes owner of property . your grand mother would have to obtain a court order for setting aside gift deed if it has been obtained by misrepresentation /undue influence