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skkkkkkkkkk (Self)     01 July 2013

Cancel gift deed given to minor

My father made a gift deed of his house in 2003 to my brothers kid(who was 2 year old at that time ). The kid is 11 yr old now and still a minor. Father made this gift deed only because I insisted him to do this in 2003 to avoid loans from being raised on this house. I was tired of paying the loans several times and wanted to secure this house so I suggested my father to do this. Unfortunately now my brothers wife wants to divorce him and is taking the kid and is also demanding settlement. My father wants to cancel this gift deed and can someone please let me know if this is possible?

My mother is guardian of the child. This gift deed was not accepted by the donne(minor) nor the guardian (my mother). Also my mother has not signed this registration document anywhere. Now my father, brother, my mother and myself all want the gift deed to be cancelled. Can you please let me know if we can just go to the registrar and file a cancellation so the house goes back to my dad? Is there any court involvement needed at all?

thanks for your help


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 July 2013

How can your mother be the guardian of her grandson when the parents of the child are alive...??

skkkkkkkkkk (Self)     01 July 2013

The Gift deed that my father registered in 2003 has the statement that my mother is the guardian of the minor and the parents of the minor are still alive. My mother has not signed this gift deed in the place where her name is specified or anywhere else in the document. Also the child has not signed anywhere(the child was only 2 when the gift was made and now the child is 11).

Since it seems like gift deed is complete only when the donne accepts the gift from donor, we are wondering if we can have my mother(guardian of donne) and my father(donor) appear in the regitrar office where my mother can refuse the acceptance so the gift goes back to the donor. I would appreciate if you can please let me know if this is a valid cancellation of the gift deed or is there anything else needed? Alternatively I can also provide bank documents(pulled from my bank transaction in 2003) and at that time I was requesting my dad that I can pay the loan only if he writes this gift deed(to avoid future loans so I don't need to worry about paying those back).

Your response is appreciated.

skkkkkkkkkk (Self)     01 July 2013

Additionally my family(mother, brother) and myself can all provide witness stating that my dad was not in a clear state of mind when he prepared this gift deed because he was in an emotional stress since the loans were past due and to clear that I was insisting that he write this deed for security reasons so no loans are raised.

prakharved (Medical officer)     04 July 2013



Since the gift deed has not been accepted, therefore it is not transferred yet. So I think that cancelling the gift deed would be possible in this case. you should try going to the registrar's office and ask about this.


If you want an exact legal opinion from a practising property lawyer, i suggest you try You can post your query about the cancelation of the gift deed and you will get a written reply oon your situation. The relevant law and options available to you would be explained, and also as to what rights you/your bro's child have on the property now. 



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