Gift deed

Querist : Anonymous (Querist) 27 March 2022 This query is : Resolved
My father transfer his property to my brother through gift deed.

After sudden death of my brother, his wife want to sale the property & send my father to out of his house.

Can my father go to court & cancel gift deed ?

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A father gifted property to his son via a gift deed. Following the son's sudden death, the son's wife wishes to sell the property and evict the father. Generally, a gift deed cannot be unilaterally cancelled by the donor. However, if the father is a senior citizen and the donee (his son) failed to provide care, he may be able to petition for revocation under the Senior Citizens Welfare and Maintenance Act 2007. Legal advice is crucial as rights depend on applicable personal laws and the gift deed's terms.

kavksatyanarayana (Expert) 27 March 2022
No. Your father cannot cancel the gift deed. If both parties i.e. the donor and donee can execute a cancellation deed of a registered gift deed but a single party cannon do it. so approach the court. But his wife and children also have equal rights over the property of your brother.

Dr J C Vashista (Expert) 28 March 2022
Consequent upon death of your brother his widow is one of the LRs amongst others, viz; his (deceased's) children, mother / father etc. as per personal laws governing the case.
Move to concerned civil court through a local prudent lawyer for issuance of permanent and mandatory injunctions against his (your brother's) widow restraining her from disposing the property.

Advocate Bhartesh goyal (Expert) 28 March 2022
Under sec 23 of senior citizen welfare and maintenance act 2007,Doner of property a senior citizen may file petition before SDM ( Tribunal ) for revocation of gift deed in case donee ( children ) Does not care to their elderly ( Doner ).File petition immediately so son's wife could not proceed for transfer the gifted property.

P. Venu (Expert) 28 March 2022
Any suggestion depends upon the personal law applicable to your community and terms and conditions, if any, in the gift deed.

There appears to be a remedy if the provisions of Hindu Succession Act are not applicable and /or the gift deed was executed by the father when a senior citizen.

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