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Gift deed cancellation

(Querist) 13 November 2013 This query is : Resolved 
Hindu Donor had done the registered deed and hasn’t given the possession. Can Donor cancel the Gift deed unilaterally, Note Donee is married and not staying with donor and relationship is father(donor) and son(donee)- Gifted property is flat in Chennai and Gift deed is unconditional.
Reasons - for not giving Possession
1) Donor Not in good terms with donee - Donee haven't taken care of father and ask for money in order to get it reversed.
NOTE GIFT IS INCOMPLETE - what has been given is paper not the property - Acceptance clause also includes it should be accepted during the life term of donor or donee.
Devajyoti Barman (Expert) 13 November 2013
Gift once completed can not cancelled.
He however file a suit for revocation of gift on the ground of misrepresentation and not acting upon it.
malipeddi jaggarao (Expert) 14 November 2013
I fully agree with the expert Shri Devajyhoti Barman.
Is it father's self-acquired property or ancestral?
If it is self-acquired property the gift ded is absolute and can not be cancelled/challenged.
If it is ancestral property though the donor can not revoke/cancel the deed, other legal heirs can contest it.
Let the donor live peacefully during his life time as it is his property and the donee can acquire the property after the life time of the donor.
Simply because the donor registered a gift deed in the name of his own son, though the donee acquire all rights on the property it is unethical to take steps for operation of the deed against the will of the donor. No child should force the father to execute the gift against his wish. The child should wait till it becomes operative automatically.


What are the reasons for not giving possession?
Raj Kumar Makkad (Expert) 14 November 2013
You should clarify the queries raised by the experts so that accurate reply may be given to you.
ajay sethi (Expert) 14 November 2013
you have gifted the property by regd gift deed . you cannot cancel the gift deed unilaterally . you will have to move courts for said purpose
I.S.Roy,Advocate (Expert) 15 November 2013
Unless contingent i.e. conditional gift , irrovocable and bilateral gift can not be revoced


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