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Jagadish D N (Research Scholar)     13 April 2012

Can gift deed be revoked if property under loan


My mother has made registered gift deed of the property to me and my brother. The property still has housing loan for another 3 years. The original land documents wrests in bank.

Now is the gift deed valid? If to be revoked how? If loan not paid in time, what bank may do? Can my mother revoke the deed in the name of paying loan installments.

Please reply and my sincere thanks for your advice.


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 April 2012

Gift is valid. Encumbrance always goes with the property.
1 Like

Jithendra.H.J (Lawyer)     15 April 2012

cancellation depends on the averments made in the gift deed, if it is conditional, onerus , etc., then it is not valid, to appraoch the court for cancellation is 3 years

1 Like

Daljeet Singh (editor)     15 April 2012

Instead of Gift deed your mothers should do a will that will be too much in your favour . your should cancell it and your mother should do a registered will in favour of her sons

1 Like

Jagadish D N (Research Scholar)     19 April 2012


    An additional information regarding the above case is the gift deed happened in 2006 with no consent from the bank. And one of the witness is my brother. if one of the brother stops paying the housing loan what will happen? Can my mother make request for cancellation of gift deeds and take back the property to payback loan.

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