Gift deed
Manoj Pamul
(Querist) 08 November 2012
This query is : Resolved
Whether a gift deed executed by father in favour of his two sons can be cancelled by father afterwards?
prabhakar singh
(Expert) 08 November 2012
NO! NOT UNILATERALLY BY EXECUTING AN OTHER DEED OF CANCELLATION.
BUT A SUIT OF CANCELLATION CAN BE FILLED.
IN ADDITION IF GIFT WAS MADE WITH FAITH THAT SONS WILL TAKE CARE OF FATHER IN HIS GETTING OLD AND THE GIFT WAS MADE AFTER Maintenance and Welfare of Parents and Senior Citizens Act, 2007,THEN IT WOULD BE DEALT AS VOID IN CIRCUMSTANCES IN SECTION 23 OF THE SAID ACT.
THE TEXT OF SECTION RUNS AS BELOW
"23. Transfer of property to be void in certain circumstances:
Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option ofthe transferor be declared void by the Tribunal.
Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5."
