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Karthik (NA)     09 May 2014

Gift property - can it be revoked by anyone

My grandfather have 2 son and 2 daughter. He wanted to give one property each. But one son is not agreeing to that. So he has gifted(unconditional) one property each to his 2 daughter. All property are earned by my grandfather 50 years back when his sons and daughter were kids..

We are confused now whether "there is any possibilty for my uncle to appeal against the gifted propertry"

If so please let me know the section under which it can be revoked (karthiksakt@gmail.com)



Learning

 9 Replies

laxmi kant joshi (instructor)     09 May 2014

As the properties were self earned by your grandfather and the same is in his name then he has all rights over that properties he can use and dispose off in any manner as he wish your uncle cannot challenge his rights .

Karthik (NA)     09 May 2014

Thanks :)

Karthik (NA)     09 May 2014

Does My uncles son who is major have any rights over his grandfather property which is gifted to my mom.

Can he appeal in court against it?

Karthik (NA)     09 May 2014

We were adviced to keep the registration confidential for 90 days. As few were telling, "If my uncle have plan to appeal against it, he can do it only before 90 days of registration. After that it is not allowed to appeal."

Is it real.

Kumar Doab (FIN)     09 May 2014

The property is self earned and self owned.

The gift deed is unconditional.

It may not be revocable.

 

You may go thru:

 

>>> Transfer of Property Act, 1882

https://www.advocatekhoj.com/library/bareacts/transferofproperty/index.php?Title=Transfer%20of%20Property%20Act,%201882

 

126. When gift may be suspended or revoked

The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.           

 

>>> Maintenance and Welfare of Parents and Senior Citizens Act, 2007

( AS published in Gazette)

https://socialjustice.nic.in/oldageact.php?pageid=1

23. Transfer of property to be void in certain circumstances

  1. Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option ofthe transferor be declared void by the Tribunal.
  2. Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
  3. If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.

 

https://socialjustice.nic.in/oldageact.php?pageid=7

However it shall be appropriate to show it to the local lawyer dealing in such cases/revenue matters, in person and proceed under the expert advice of our lawyer.

 

The lawyer that has seen all docs on record and has analyzed the inputs can advice you the best.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Like

Sankaranarayanan (Advocate)     09 May 2014

no more details you need for your query/. already experts are given maximum.  i do agree experts suggestion 

Karthik (NA)     09 May 2014

As per sec 128 of transfer of property act 1882, it states as follows G.The period of limitation for revocation of a gift On the ground of coercion, fraud, misrepresentation or undue influence Is 3 years when the fact entitling the plaintiff become known to him under section 59 of the limitation act 1963. My doubt here is"who all can be a possible plaintiff here in my situation " What they meant this 3 year here.. Was little confused kindly help..

Ibrahim Deshmukh (Legal Consultancy)     10 May 2014

 Even if you keep the registration secret for longer than 90 days or 1 year period, the limitation will start only from the date of first known fact to the plaintiff.  In your case the possible plaintiffs could be your Uncles and theirs legal heirs.

prasad (contract)     07 July 2014

If gift deed is not register then? after 46yrs can anyone cliam it?


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