Transfer of property through registered gift deed

Querist : Anonymous (Querist) 14 July 2021 This query is : Resolved
Dear Sir,

I would like to know the list of compulsory documents required for the transfer of ownership of flat in Mumbai to a son.
My mom has 3 children (2 sons and a daughter). All married.

My mom has given a gift deed to my elder brother and since his behaviour towards her has changed hence she want to revoke the gift deed and take the ownership back to her. Society committee was not cooperative and was not ready to share any of the documents used for such transfer of property. Post our letter to the Co-op Societies registrar society ha agreed to share the documents used and procedure followed for the transfer.

Reason for request is if the documentation in not in accordance of law then the transfer itself would be illegal and mother can get her property back in a faster way compared to all the legal proceedings.

Thanks,

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Quick Summary

A mother in Mumbai gifted her flat to her elder son via a registered gift deed, but now wishes to revoke it due to his changed behaviour. She is seeking the original transfer documents from the society to check for legal compliance, believing a procedural flaw could expedite reclaiming ownership. Legal advice suggests the donor can revoke the deed if the donee agrees and executes a deed of cancellation, or by filing a suit for cancellation. The society's role is limited, and further details about the circumstances of the gift are needed.

kavksatyanarayana (Expert) 14 July 2021
The donor can revoke the gift deed if the donee accepts it and the donee shall also execute the deed with your mother.

Dr J C Vashista (Expert) 15 July 2021
She has to file a suit of cancellation of "Gift Deed" if the donee (son) agree.
Consult a local lawyer for better appreciation of facts, professional advise and necessary proceeding.

P. Venu (Expert) 16 July 2021
The Society has nothing to do with the revocation of gift deed.

What are the facts and circumstance as to alleged change in the behaviour of the elder brother towards the mother? Was she a senior citizen when the goft was made? When was the deed executed?

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