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RAJI KOSHY (ceo)     01 December 2009

CAN THE GIFT DEED BE MADE VOID

 Dear Readers, My mother in law made a gift deed to here sons and daughters (3 sons and 3 daughters) one is my wife.

her self earned properity was gifted by gift deed and registered with the registrar as - it should be shared equally by all the six.

its almost 6 months - she is a widow,

is it possible that she can say that the gift deed is cancelled, or is it possible that she can change the registered gift deed ?



Learning

 5 Replies

A V Vishal (Advocate)     01 December 2009

IT DEPENDS IF THE GIFT IS CONDITIONAL OR NOT, WHICH MAY BE CONCLUDED ONLY ON PERUSAL OF THE GIFT DOCUMENT. IF THE DOC IS UNCONDITIONAL EVEN THE DONOR CANNOT REVOKE THE SAME EXCEPT IN CASE OF COMPLAINT OF UNDUE INFLUENCE OR COERCION.

1 Like

RAJI KOSHY (ceo)     02 December 2009

 thanks  its unconditional.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

Unconditional Gift becomes complete once it is acted upon. In your case whether the gift was given effect to, by mutating relevant records of the property or by taking possession by respective donees.Then donor can not revoke the gift.

rajkumar.vnm.marupeddi (advocate)     05 February 2010

A registered Gift Deed can be revoked in a court of law, if the donor is able to prove that the gift deed was obtained under fraud, coercion and undue influence.

tinny kapoor (ADVOCATE)     29 March 2010

gift deed can be cancelled or revoked when the donor proves that it was executed under undue infuence, coercion. moreover it should be seen that it is conditional or unconditional.


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