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amit (engineer)     26 May 2011

Can Property given Under Gift Deed be revoked by the gifter?

Dear All Respected Memners,

i want few clarification about propert law on GIFT DEED.

1. If Someone transfered a property\(house) on his name from grandmoher under GIFT DEED(to avoid heavy registration fees)  and properly registered. Then at any given point Grandmother can revoke her decision under any presure and or is that property be considered disputed in any case??

2. If that propety is sold by the time any dispute created is there any share the seller has to give to Grandmothers son/daugther if they raise question on the share.???

 

thanks



Learning

 6 Replies

A V Vishal (Advocate)     26 May 2011

Details about ownership/inheritance by donor insufficient. Further, only on perusal of gift deed it can be ascertained whether the deed is irrevocable or conditional.

amit (engineer)     26 May 2011

Dear Mr. Vishal Ji

Thanks for your reply.

I am not able to understand what information you are asking....

i want to say that we bought house on grandmother name(nani ji) by my father ,when he demised we decided to shift in our name,which we done Through GIft Deed in my name. 

please let me know can there be any problem in future if there children mind changed in future(by law)??

Advocate M.Bhadra   26 May 2011

Generally unconditional gift can not be revoked in terms of sec.122 of the Transfer of Property Act.,but in certain cases if the donor is to able to prove that at the time of execution the said Deed was executed by misrepresentation, fraud and coercion it can be revoked by the Court.

A V Vishal (Advocate)     26 May 2011

Since the property was purchased by your father in your grandmother's name, she is the absolute owner hence she can gift it to you upon your father's demise. Regarding problem in future, her children viz. your uncles/aunts cannot claim it however your grandmother can revoke if there is any specific clause in the gift deed, hence I replied that perusal of the deed is important.

amit (engineer)     26 May 2011

Thank you very Vishal ji.. I will go thru the deed again..to see if any clause is there...but my real worry is now she is fighting a case with her own son..and her son is asking her in court why she gifted a house to me..and she should vacate his house....i mean questioning her on the gift deed she done ten years ago on my name...eventhough my uncle knows every thing..still to make his case stronger he is questioning her in court..so i was bit worried what can be implications on me in near future..even though i have good relations with both naniji & mamaji...please advice for anything on this till i read the deed again

Ashwin Kumar (software engineer)     26 May 2011

Hi! I am a new user in this group. I have a similar type of question. My grand father has purchased property in the name of my grand mother. They has 4 sons and 2 daughters. Now grand father has died. During the period of grand mother, she has given as a gift to his first son. Now the grand mother also died. The second and other son and daughters has filed a case against first son, saying that - this is their father's property. So, my grand mother don't have rights to give to any body. Is my grand mother did is right? Is my grand mother has rights to give this property to anybody? I want your valuable suggestions on this. I am the son of grand mothers first son.


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