josijames 04 January 2015

Can a gift deed be revoked ?

Sir,

I am a Christian of Kerala. My paternal uncle (father's brother) had his property of 24 cents, which was partitioned and given to him by his father (my grand father). In 1994, my Paternal Uncle (father's brother), made a Gift Deed for this 24 cents property in my name and the same was legally registered and the same was transferred in my name in the Village records and I am paying the Tax to the Government in my name.

This my uncle died one year back in 2014.

He has two sons and one daughter. Out of them, one son is demanding his part of this land. He says that he will approach the court and will get stay on the house construction being done by me.

I have seen in the news some time back of Hon. SC Judgement that Gift Deeds cannot be revoked.

Will you kindly enlighten on the legal position.

J James

Reply Follow

5 Replies

Jai Karan Nagwan (consultant) 04 January 2015

Gift deed can not be revoked, if there is no fraud, undue influence or misrepresentation. Please tell me two question: 1. why your uncle debated his natural children from natural inheritance? 2. your uncle was staying with his family or with you?

Advocate Bhartesh goyal (advocate) 04 January 2015

Once a gift is complete, it cannot be rescinded.

Kumar Doab (FIN) 04 January 2015

If the Gift is not void,voidable,has been acted upon,is registered with authority and now the donor is also dead how can it be revoked now!

Laxmi Kant Joshi (Advocate ) 04 January 2015

A registered gift deed cannot be revoked .

Jai Karan Nagwan (consultant) 05 January 2015

If natural legal heir of uncle given NOC to gift ancestral property is irrevocable, if not transaction looks un-natural and uncocionable, as such natural heir can always file declaration suit to render the transaction null and void. Irrevocablity is not a thumb rule, that depends upon the relation, circumstances, age, mantle status of donor etc.