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harsha (HRM)     13 July 2012

Gift deed cancelled

Hello,

Iam from Andhra pradesh.

My Grand Father Gifted a Property to my mother in April-2006, with no conditions on it.

And Cancelled the gift deed in April-2011, with out informing my mother.


When my grandfather made a gift deed, He registered the Gift deed, in a Registrar office, by paying all charges


and in the Gift deed, he clearly mentioned that ,From now, you are the owner of this properity and from now you have all rights on this properity and he is giving it with love.  and there are no conditions in it.

and gave us the registered original gift deed to us. But my mother dint go to registration office to accept that gift deed as we thought that it is not required and the EC shows my mothers name in it.


Later, my mother took some loan from a financer on that property.

And Now she decided to sell that property to clear that loan and took the EC.

we were shocked to know that the Gift deed was cancelled

 

Now, we are in big problem to clear the load on that property.

We came to know that my mothers brother convinced my grand father to cancel that deed.But he already got many properities from my grand father,which are worth more than a crore. Our properity costs just around 8-10lacs.

 

Now, what is the solution.

I heard that the gift deed once made, can not be cancelled with out donee.

Can any one help us to educate me on this issue.

You are my God, at this point of time.Please help us to know what we can do to get the properity back.



 13 Replies

Dr J C Vashista (Lawyer)     13 July 2012

Any donation/gift cannot be revoked and no question of cancellation once it is accepted by donee.

JANAK RAJ VATSA (ADVOCATE)     13 July 2012

you have mentioned that your mother did not go to the registrar office at the time of registration of the deed. i would like to see the deed as well as the cancellation deed before commenting which u can e mail me
1 Like

AKARAPU UDAYA BHASKER (advocate)     13 July 2012

One recent judgment is there in respect of cancellation of gift by our apex court, in which it is decided that without any valid grounds and taking in to consideration that the son is not seeing and not lookin after and not caring his parents is not critiria for cancellation of gift deed. I will put the said judgment later on. O.K

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     13 July 2012

Yes, gift deed can't be canncelled utilaterallly and to such long gap. 

Ajit Singh Cheema (practising Advocate)     13 July 2012

Your mother has raised a loan against the title deed (Gift Deed ), which is a clear proof that the gift has been accepted.As such the gift is irrevocable and cannot be cancelled. Challenge the cancellation of gift deed for necessary relief.

Isaac Gabriel (Advocate)     13 July 2012

Issue notice and proceed legally, as unilateral cancellation is not permissible.

harsha (HRM)     13 July 2012

Sir,

My heartfull thanks for your reply.

I heard from many that a gift deed once given, can not be cancelled.

But, my mother dint accept the gift, as we thought the property is already in our name, and not necessary to go to registration office and accept it. And we are having the gift deed document(original) with us ,

even i saw in internet that , Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Even a silence may sometime indicate acceptance - It is not necessary to prove any overt act in respect thereof as an express acceptance is not necessary for completing the transaction of gift...........

 

So, My question is , can we just ignore that cancellation deed as it is invalid. and sell the property to another party

If i file a case, it might take years for the resolution. A local advocate said, to just go n sell it to another party,by explaining him that the cancellation was done illegally and we have all rights on the property.
Though the advocate actually dint see the gift deed. he just spoke to me on phone.

(EC is attached, please see it once). and the gift deed is in Telugu, if required i will attach it too.

Awaiting your reply,sir

Thanks


Attached File : 432222 ec.pdf downloaded: 345 times

Ajit Singh Cheema (practising Advocate)     14 July 2012

Respected Mr. Uday Bhaskar ,

We shall be highly thankful and obliged if you kindly post the citation of the judgement by Supereme Court .Thanking you in anticipation.

Ajit Singh Cheema (practising Advocate)     14 July 2012

Respected Mr. Bhaskar,

Thank you very much for the information supplied .My request is for citation ,so that I may go through complete judgement.Thanking you.

Isaac Gabriel (Advocate)     14 July 2012

See the judgement


Attached File : 630565 gift can downloaded: 168 times

AKARAPU UDAYA BHASKER (advocate)     17 July 2012

 

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

 

balwinder s bains (Nil)     12 October 2012

 

Dear Cheema Sahib, 

SSA,

I would highly appreciate if you could please advise at the earliet possible the difference between a GIFT DEED and Transfer Deed?  If such deed happens in Punjab?

What could be the difference in terms of stamp duty payments or other registration fees involved in each case?

Can the gift deed be executed by paying less money in comparasion of executing transfer deed?

Can a transfer deed be considered as gift deed by any reason? 

If any one execute a transfer deed (say father in favour of his daughter in Punjab) and don't pay relevant stamp duty but at a later stage he tries to excuse it as a gift deed because it attracts lesser stamp duty, will the court accept it?

If at any stage the advocate engaged by the petitioner (objecting sale or transfer deed) describes this deed as gift deed under illegal influence or by any reason even sabotage, Will the court accept this transaction as gift deed while its executed as transfer deed.

Please advise.

Best regards & Thanks very much?


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