Gift Deed

Unless it is satisfactorily proved before the court that the gift deed indeed has been obtained by undue influence or fraud there is no question of cancelling the gift deed.  Since the gift deed is duly registered in the presence of the sub registrar and witnessed properly it is not possible to cancel the deed without proving that it has been obtained by fraud or undue influence. In my opinion the gift deed is valid and cannot be cancelled.

Thank you Krishna

Other side of Coin

In aforesaid senirio Z (donee) died after 6 month now if i want to show that gift deed was obtain by undue influence or fraud from Z how I can prove that ? 

You can say that Z was not well and was aged and not in a state of mind to dispose of the properties by gift deed.  It is a very good ground to declare the gift deed as invalid and been obtained by fraud and undue influence.  You may have to prove before the court that Z was not in a good state of mind, extremely aged, suffering from poor eyesight/health problems etc that she was totally influenced by B.  By health problems, I refer only to mental health problems, which may lead a person to take decisions without sufficient mental strength.  You may have to strongly prove before the court that Z did not have fit state of mind to dispose the properties.  Burden of proof in on you to prove the same.

You can also argue before the court that Z was totally sick during the execution of the gift deed that Z passed away within 6 months from the date of execution of gift deed.

What about family doctor signature on said gift deed? which proves that she was in good mental state of mind?  why will doctor risk his license contradicting himself as well as why registar will risk his job by contradicting himself stating that Z was not mentally fit??

It can be rebutted by providing expert opinion (mental health expert) on the mental state of the deceased (z).  The family doctor may be a general physician and not a mental health expert. So such doctor's (general physician's) opinion is irrelevant.   Only the opinion of the mental health expert will prevail.  Registrar's opinion is also irrelevant as his duty is only to see that registration formalities are done as per law and he cannot conclusively determine the mental status of the executant.  

How can a mental health expert who don't know deceased Z (donee) testify that  deceased Z(donee)  was not mentally fit to carry of gift deed?

The mental health expert can provide his opinion based on the information / medical records of the health problems faced by Z and treatment been given to Z .  The mental health expert can easily determine whether Z was in a fit state of mind to execute the gift deed or not.  Moreoever the probability of deciding the issue of mental health also lies in the court to decide whether for Z a aged person (for example 80 years old) suffering from diseases and health problems would it be possible to have executed a deed with full conscious and good state of mind.

Dear aditi,

I am merely stating the probabilities in the scenario given by you, because there are in many instances the courts have held that it is not possible for a aged person (more than 80 years or so) could have been in a fit state of mind / good mental health to execute a deed.