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G.Renukaraj (Executive Finance)     18 February 2012

Gift deed

Dear Sirs,

My mother in law gifted a property to one of his son. She is having two sons and one daughter. She gifted the property in November 2007 and cancelled the deed within a month which means December 2007 itself. So he dint transfer EB, and Watertax etc. We din't know that at that time. In that deed, she particulary mentioned, "I could not able to cancell this deed in any manner" .

In 2009 August she again gifted the same property to his Elder son, after we came our for some family issues.  But  he transferd the EB and Watertax.

We consult with some of the advocates and they said, if any property gifted, if the party accepts means, it will be acceptable, otherwise it is not.

Now please tell me what to do? Please adivce.

regards,

Renukaraj



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 February 2012

Acceptance is must.

G.Renukaraj (Executive Finance)     18 February 2012

Thank u sir..

Rajeev Kumar (Lawyer/Advocate)     19 February 2012

Acceptance to the gift is necessary.

K.P.Satish Kumar (Advocate)     19 February 2012

Once a gift is executed properly it cannaot cancelled. Unless you prove there is no acceptance. If settlement deed is made the executor can cancel the deed at any time. Why they prfer gift deed instead of setlement deed which is costiler in registration.

K.P.Satish Kumar M.L.

Advocate Chennai

@ 9962999008

https://propertyadvocates.blogspot.in

karthik (Team LEader)     21 February 2012

Hi All,

How to get a gift deed done when a person is bedredern (unable to walk or sign)?

When such gift deed is done to a party,can the gift deed be challenged by the family members?

What precautions should be taken to prove the genuinatiy of the Gift Deed?

 

Cheers

dinesh (junior advocate)     22 February 2012

 

This judment will help your querry

The Supreme Court bench of Justices S B Sinha and H S Bedi, ruled that gifts from parents to children could not be rescinded later had said two months ago that parents could disentitle their son from inheritance if he neglected them. Ashokan from Kerala was gifted land by his mother through a registered gift deed out of “love and affection” on January 4, 1984. His father followed suit saying it would help him lead a good family life. But after one-and-a-half years, the parents cancelled the deeds saying Ashokan had failed to render financial assistance to the family though he worked in Oman. They were also upset he did not fulfil his promise to contribute Rs 1 lakh for his sister’s marriage.

 

Ashokan approached the trial court seeking quashing of the two documents executed by his parents through which the gift was cancelled. Despite the breach of promise cited by the parents, the court ruled that once the gift deed had been executed, it could not be revoked “by the mere fact that the donor’s feeling towards the recipient underwent a change”.

 

The parents had protested that if the deeds were kept alive, it would be fair to fear that the son would evict them from their own land. The district court ruled in favour of the parents saying the son had not taken possession of the land, nor paid tax, nor mutated it in his name. The Kerala HC upheld this decision.

 

Ashokan approached the SC challenging the HC’s decision. The SC said the gift deeds were executed out of love and on the ground that the recipient was the son of the donor and to enable him to live a good life.

 

“Could the parents now turn around and say he was to fulfil a promise? The answer must be in the negative. It’s one thing to say the execution of the deed is based on an aspiration or belief, but another to say the same constituted an onerous gift,” said the bench. The SC revived the gift deeds originally made by the parents and said, “Once a gift is complete, it cannot be rescinded.”


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