How can I revoke a gift deed?

Unfortunately in your case, I presume there is no will of your late father, however, since the property was in the names of both your parents you can file a suit to recover only a share, apart from this your sister is entitled to gift from your mother to the extent of her ownership and bequeath upon the death of your father.

I agree with Vishal ji. And, also, a gift deed can only be revoked by the donor with the consent of donee. Now you cannot revoke the gift deed.

Hi, thanks for your reply, I would like to points few things out here, 

1) I am the last and I have two elder brothers and one elder sister.

2) now all of us are married, and my mom was very close to me. I am not sure and very supried on why she made a gift deed to my sister i.e. 60% share which is 50% of her share and 10% from my late fathers share, all this was done with out my knowledge and my second brothers knowledge, this happned in 2005-2006.

3) after my moms death on we came to know about the gift deeds etc and I have a copy of it now. so what you are saying that these gift deeds cane be revoked in any ways under any laws in india?

4) cant be that tough in terms of laws saying that the gift deed can hold so much power when done with out our knowledge.

Hi I am only trying to dind out what else can be done in this regard to sort this out, this case is now been regestred in the court now.

I heard If the said property was purchased by DAD’s money alone though the sale deed is on both dad’s and mom;s name can any thing be proved saying that dad is the sole owner and the gift deed does not stand any value? Please advice?

Uday kumar, Vishal Sir, has given you the correct advise. I dont think there is any other way out. Gift deed is valid when it is registered and till it is revoked by the doner.

1.  A Gift deed can be revoked by the mutual consent of the  Person who makes the Gift and by the Person who receives the Gift.

2.  However if it can be medically proved that the Person who makes a Gift, is of unsound mind or is not fit mentally or that Gift has been made under coercion,  then the Gift deed is invalid, even if the gift deed is registered or whatever.

3.  Similarly, if the "Gift receiver", is of unsound mind or is not fit mentally,  then Gift deed CAN BE REVOKED BY THE GIFT MAKER.

4.  The maker of the Gift Deed, DOES NOT REQUIRE ANYBODY'S PERMISSION OR CONSENT TO MAKE A GIFT DEED.

5.  IF a Gift maker has made a Gift of a property (movable or immovable)  which is not rightly his under the Law,  then the Gift Deed is  "Illegal & Invalid"  and cannot be enforced under the Law of our land,  BUT can be enforced by the  gangster "D" company.

6.  A registered Gift deed made and  "executed during the life time"  of the Gift maker over-rides everything that may be written in the Will of the Gift maker, concerning that piece of property (gift) which may be mentioned in his will.  The Will becomes null & void to the specific extent of that particular part of the will, wherein the already gifted property is mentioned.

7.   "IF"  the mother has received property from her husband (your father) via a will and the property has been duly executed in her name, during her life-time,  THEN THE MOTHER BECOMES THE RIGHTFUL OWNER of that will'ed property.  Now nothing can change that and the remainent legal heir cannot have any claim whatsoever on that property.   The mother legally and rightfully can gift / donate / destroy / spend away etc.... her own share of the property received by her, as will'ed by her husband.

8.  HOWEVER, if the mother has gifted away her husband's share (since now she is termed as 50% joint owner) in the total property.  THEN such gifting of the Husbands share (remaining 50% joint owner of father property)  "CANNOT"  be done under any circumstances and would render the entire Gift deed as null and void.  The mother (being a joint owner)  DOES NOT automatically become the rightful owner of the husbands(father)  50% share of the joint property, THAT IS IF THERE ARE OTHER LEGAL HEIR IN WAITING.

9.  You would have to apply for a succession certificate or a Letter of Administration (as the case may be)  before the Civil Courts and claim the 50% of your father property, in lieu of your legal rights under the HSAct.  Thus effectively nullifying the entire Gift deed.

10.  FURTHER,  If you can  "documentarily"  prove that the Father had purchased the said property out his 100% own rightful money (thus giving him 100% rightful ownership)  AND THAT HE HAD PUT HIS WIFE'S (your mother) NAME  ONLY FOR   "SECURITY & CONVIENCE"   SAKE   -OR-  ONLY OUT OF LOVE & AFFECTION in the property purchase agreement,  then under the law the 100% rightful owner of the said property IS  "ONLY & ONLY"  THE HUSBAND  and the wife is  "NOT"  entitled to  "ANY"  rightful rights,  "whatsoever"   over the said property and hence cannot make any Gift out of such property.
THUS AGAIN  "EFFECTIVELY"   MAKING THE SAID  "GIFT DEED" AS  "NULL & VOID", in the eyes of law.  However for this you have to litigate in the Civil Courts, with appropriate evidences and documents and obtain a succession certificate or a letter of administration.

Anything else to understand,  THEN you need to accumulate all the documents and sit with a legal counseler in person, all this before the Time Limit passes away.

Keep Smiling .... Hemant Agarwal
 

Thanks Hemanth ji. It was informative.

Thanks so much for the update I never knew that I have some more information for you to look at please 1) My brother is currently a medical doctor and was treating my mother for years together i.e. from the time my dad passed away in November 15th 1996. Since then mom became ill and was at home with no visitors coming home, my elder brother and my elder sister took away the phone line so that no one can communicate with my mother. So all tablets and drugs were administrated by my elder brother since then till her death which occurred on the 18th of January 2010. 2) During this time me being the last son was not allowed to meet her often and even if I met with my mother for a chat, my sister would come and sit my and listen, at that point of time I only trusted my elder brother who is the doctor and my only sister who is also elder to me. I believe that she was being given a certain drug which kept her away from going out or meeting people, and when she used to become ill she would not be taken to any good hospital but was treated at home by my elder brother. He used to say that he knows better and not me. 3) Now she died a very horrific death where she suffered for months together with out telling me what she was going through, to be honest I was the most loved son and was the pet at home. Now my sister has officially divorced from her husband few years back and had gained confidence from my mother saying that no one will take care of her and she was very much part of the plan to get most of it on her name. 4) My elder brother being the doctor has also separated from his first wife leaving behind a 23 year daughter with his first wife by paying some kind of compensation. The sad part is he is married again with out separating from his first wife. And I believe his case is still pending for his first marriage. 5) My second brother who is with me in terms of fighting this injustice is currently working abroad and wants justice and nothing else like me. We both in my fathers and mothers life time never spoke about the property and wanted to only do so after my mom’s death, but just to only know that the damage was already done. I have the copy of both the gift deeds that my mother had executed in 2005 and 2006. I am not sure how to prove that my mom was definitely intoxicated while doing this deed back then. But I am not sure how to get this to light because she used to talk stuff that made no sense at all and used to wonder what happened 6) My mom’s body was kept only for about 2:45 minutes and was taken to be burnt as per Hindu tradition and was completely denied when my second brother wanted to come and see the body in the following day as he has to come from abroad. I was not allowed to go near the body and was completely handled by my elder brother and my sister who did not even wash the body and was completely stinking just minutes before her death. 7) After the death in just 1 hour and 50 minutes my elder brother managed to get the death certificate (keeping in mind only he was there to say she was dead) and the death certificate had another doctors handing writing with the seal etc, the only hand writing in that certificate was my brothers saying death due to respiratory failure. Note that the under signed doctor was not present and did not declare my mother dead. He also managed to inform the corporation about my mothers death and also got the clearance form the graveyard authorities to get the body to be burnt and at the same time got a private ambulance organized (all this was done in just less than 2:00 hours on the day my mom died. 8) My elder brother and my elder sister challenged me and my second brother to court after 6 long hours of meeting with them saying lets not go to the court but settle this matter within the family, but was unwilling and simply said come to the court. That’s when we both decided to get this registered in the court, I don’t know what to do at this point of time and need your advice on what to do. 9) How to prove and what should I do i.e. what steps to take, the court hearing is decided on the 19 of march 2010, this is the first hearing and I am not sure if they would show up, the case filed is for partition of the house between the four children.

1.)  IF gift deed is regestered with the regestrar, by paying stampduty & regestration fee - in the year march 2008 , and if there are certain changes to be maid in one of the paragraph, is there a need to RE-REGESTER (regester agian) the Deed by prepairing new ammended gift-deed?

2.) If so, how much will be the stamp duty and regestration fee in Mumbai, Andheri area?

3.)Ammendmend to original Gift Deed is only that "the flat was mortgaged to a certain bank & the gift deed was conditional. And Now the mortgage of the flat was cleared by paying the dues to the bank, and NOC has been obtained from bank" ...........wheteher for adding this para do i need to re-regester or ammend the gift-deed? 

1.  Stamp Duty for purposes of Gift Deed (only between family members) is 2%, in Mumbai.

2.  Registration Fees is 1%, for any deed, in Mumbai.

3.  A Gift essentially and compulsorily involves parting of possession of the property to the Gift Receiver.  Once a Gift is possessed by the Gift Receiver, the Gift is complete and becomes irrevocable (under all circumstances).

4.  A Gift deed is always  "unconditional", because of the criteria in point no. 3 (above).  The moment the Gift deed is made "conditional", then it becomes a Contract and not a Gift.  A contract can be amended with mutual consent of the parties, BUT a gift once parted cannot be amended.

Keep Smiling .... Hemant Agarwal

what has to be done if a gift deed is revoked without the concern of the donee