gift deed can be revoke?
Querist :
Anonymous
(Querist) 17 May 2010
This query is : Resolved
my grandmom made gift deed to my dad and to me[ grandson]and it was registered, it that document she mentioned that she cant revoke or change this document. house tax,eb bill and patta are changed to our name. now there is some some family problem between us and my doubts are.
1. whether she can cancel the gift deed?
2. if she cancel the gift deed ours and if she make a new gift deed to dads brother, then new gift deed is valid?
3. if she cancel and do the new one without our knowledge and she expires. whether we can claim for gift deed which she made for us?
A V Vishal
(Expert) 17 May 2010
1. whether she can cancel the gift deed?
Ans. No, unless it is a onerous gift deed.
2. if she cancel the gift deed ours and if she make a new gift deed to dads brother, then new gift deed is valid?
Ans. It is invalid in law.
3. if she cancel and do the new one without our knowledge and she expires. whether we can claim for gift deed which she made for us?
Ans. Yes you have all rights and claim under that.
B K Raghavendra Rao
(Expert) 17 May 2010
When once a gift deed is executed and accepted, it cannot be revoked unless it is a conditional gift deed. In your case, gift is complete and cannot be revoked. You are the complete owner with all rights to deal with the property.
Virender Pankaj
(Expert) 17 May 2010
1. No. Your grandmother cannot cancel the gift deed.
2. New Gift deed shall be void.
3. You have rights in the property, since then you and your father accepted the gift.
If 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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.
Querist :
Anonymous
(Querist) 17 May 2010
Thanks for all of them, but my grandmother is threatening us that she will cancel and also her advocate said it can be cancelled and draw a new gift deed by her in register office itself ........
wat can i do know?
1. whether can i leave it now, after my grandmother expires i can claim and whether i can retain the property?
Querist :
Anonymous
(Querist) 17 May 2010
Thanks for all of them, but my grandmother is threatening us that she say that we are not taking care so i will cancel and also her advocate said it can be cancelled and draw a new gift deed by her in register office itself ........
wat can i do know?
in this case i also consulted with some document writers, they also said that gift deed can be cancel by my grandmother.
1. whether can i leave it now, after my grandmother expires i can claim and whether i can retain the property?
Querist :
Anonymous
(Querist) 17 May 2010
i cant understand about conditional gift deed?
in gift deed, it was mentioned that you and your son taken care of me so nicely ...so i am giving this property as gift to you and your son.. Is this conditional gift deed?
A V Vishal
(Expert) 17 May 2010
i cant understand about conditional gift deed?
Ans - Whenever a transfer of property, done via Gift, is controlled by fulfilling a prior condition by donee, it is called a "Conditional Gift". It can be of any of the two types:
a. Precedent Condition: When the condition is to be fulfilled before the transfer of the gift.
b. Subsequent Gift: When the condition is to be fulfilled after the transfer of gift.
Querist :
Anonymous
(Querist) 17 May 2010
Thanks for your valuable reply sir, but my grandmother is threatening us that she would say that we are not taking care so i will cancel and also her advocate said it can be cancelled and draw a new gift deed by her in register office itself ........
wat can i do know?
in this case i also consulted with some document writers, they also said that gift deed can be cancel by my grandmother.
in gift deed, it was mentioned that you and your son taken care of me so nicely ...so i am giving this property as gift to you and your son..
1.so it is a conditional gift or not ? she can revoke by saying like that?
1. whether can i leave it now, after my grandmother expires i can claim and whether i can retain the property?
2wat to do sir? please guide me in this issue.i am so confused
G. ARAVINTHAN
(Expert) 23 May 2010
If your grand mother gifted all her properties then it can be revoked
Ashok Yadav
(Expert) 24 May 2010
No its not a conditional gift deed. You grandmother is saying "that you and your son taken care of me so nicely ...so i am giving this property as gift to you and your son."
It is not a condition for future, It has happened in the past and she is haapy with you at the time of gift.
It may be a condition " that you and your father will take care of me nicley or if you will not do it, then this gift deed shall stand revoked"
But in the present Gift deed there is no condition, you are the absolute owner of the property and no one can revoke this gift deed.
