Prabha Mopidevi (Bank Officer) 19 November 2015

Cancellation of gift deed

Dear Sir,

My mother in law gifted property to my husband in 2004 by way of registered document. We sold the same property to someother in 2009 and later they too sold in 2012. My mother in law, with the help of her first son, filed case against my husband in 2009 to cancel that gift deed as we are not taking care of her. But we already dispoosed it. But the tax is being paid by my mother in law only till date. Please calrify the status now.

Thanks

M.Prabha

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11 Replies

Sandeep Shukla (Teacher) 19 November 2015

Some interesting case points here.

1. Can gift deed be cancelled later by donor citing some acceptable conditions like conditional, under duress etc.

2. If the above points can be proved, then can it be said that the registered gift deed is void ab initio? i.e in that case the laws of limitation will not apply?

Calling all good lawyers in this forum to provide input. Any relevant cases will also be hepful because I too have a similar problem.

1 Like

saravanan s (legal advisor) 19 November 2015

the gift deed can be challenged in the court if it is suspected to be made through fraud or any other illegal means.if fraud is proved then the gift deed can be reversed.if the gift is made after 2007 then if you are a senior citizen you can approach the dcp and file a petition to reverse the gift as the son to whom it is gifted failed to take care of them as per the condition mentioned in the gift deed.

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Sandeep Shukla (Teacher) 19 November 2015

But the actual question is can donor file for cancellation of gift deed after the three year limitation period?

If permitted then can somebody provide any case in support of this view?

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Rakesh V. Khandelwal (Lawyer) 19 November 2015

No. Gift made by reg.document cannot be declared as void after 3 years. Limitation period for setting aside a instrument is 3 years. Moreover third party interest has been created.

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 November 2015

Yes cancellation of a document cannot be made to the extent of the same having created third Party instruments and rights . The gift deed cannot be challenged . Plus the period of limitation has also expired

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Prabha Mopidevi (Bank Officer) 22 February 2016

Thanks a lot to all

sathyanrayana J (sse) 25 February 2016

May I know some reference for period of limitation for gift registration?

Prabha Mopidevi (Bank Officer) 04 March 2016

It came to know that my husbands signature should be there in registered gift deed that "I ACCEPTED". But in the registered gift deed, its no where found these words "I ACCEPTED". Just finger prints of donor and donee beside their photos But we sold it. So are there any chances of deed cancellation as my mother in law filed suit

Rakesh V. Khandelwal (Lawyer) 10 March 2016

No prescribed format for Acceptance. Thumb mark and photo are sufficient to acknowledge the acceptance. Moreover conduct (sell of gift property) also by itself proves acceptance.

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Rakesh V. Khandelwal (Lawyer) 10 March 2016

Please note that your mother in law may also initiate proceeding undr The Senior citizens protection and welfare act. Please provide maintenance to her if she needs.

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Prabha Mopidevi (Bank Officer) 10 March 2016

Thank you for your response. We are ready to take care of her. That too she is getting pension of Rs.15k per month. She is not asking any maintenance. Her first son is doing all this.