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Umapathy Krish (Planner)     09 June 2015

Gift of deed - cancellation

Sir,

This is regarding possibility of cancellation after mutually giving 'gift of deed' (Dhana setlement).

The region is Tamilnadu.

A house & a land jointly owned by Mr. X (Father) and Mrs. Y (Mother). The property is purchased by their own income. They have two children, a boy and girl. Bother are major now and both are married. 

Mr. X (Father) died in a accient few years before. But he has not made any documentation for partitioning of the properties (said property also).

Now, the son needs the land and daughter needs the house. After mutual understanding, mother and son gave 'gift of deed' for the house to the daughter  & mother and daughter gave 'give of deed' for the land to the Son. (their respective parts). This happened during May 2015.

Now the question is, is there any chances or possibilities, the 'deed of gift' might / possibility of cancellation by anyone of above. As per present law, the cancellation of 'gift of deed' is applicable?

or is there any time span for the same?

Requesting your valuable view and inputs please.

Krish



 8 Replies

saravanan s (legal advisor)     09 June 2015

gift deed can be challenged if it is obtained by coercion or fraud but cant be cancelled if the donor had gifted the property and donee had accepted it

Umapathy Krish (Planner)     09 June 2015

Thank You very much for your spontaneious suggestion, Mr. Saravanan.

I heard that, the 'gift of deed' can be cancelled within a time of 90 days. Thats why I raised this query.

Umapathy Krish

Kumar Doab (FIN)     09 June 2015

One can gift if one owns it.

 

Hope the deceased father's property was properly transferred in the name of legal heirs before gift.

SUBRAMANIAN (ADVOCATE)     28 June 2015

A gift cannot be cancelled unilaterally. If the donors and donee agree to cancel, then it can be done by a deed. But if the donors want to cancel it without the junction of the donee, then they have to file a suit for cancellation of gift alleging fraud, coercion etc. See that mutation is effected i revenue records in tune with the gift.

Amol Kende (No)     29 June 2015

Ok I think this case is some improper this details are running on understanding you need to know here

Father and Mother is the 50-50% owner of Land and House now after father Fathers 50% land and House shaires devided in to 3 parts Son Daughet and Wife

now wife (your mother) have 50+% rights available and what ever house shaire received to you, you gifted to the Sister and what ever received to sister land rights gifted to you

Monther also gifted her full land right to you

and house rights to your sister now your mother have no rights on any kind of property

but if Mother and Sister come in a party and file faulty gift deed made by you then your or with party with you and your mother can cancelled the gift deed of your sister.

this is understanding adjustment and mutual relations need to take care your either side

Leslie Almeida (social worker)     29 June 2015

Gift cnnot be revoked

Amol Kende (No)     29 June 2015

Right sir its not get cancelled but other 2 parties can proove this is the fradulant gift then its automatically cancelled....

Leslie Almeida (social worker)     29 June 2015

The gift deed should be registered by paying stamp duty and registeration, if not it is null and void


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