Amul Ghodke 28 May 2016

Gift sale deed need to be cancelled

My Late Father in Law has 3 sisters. so inherited property has 4 shares ( Late Father in law and his 3 sisters). 3 of the sisters recently made a gift sale deed and given their persoanl share to my brother in laws wife to avoid despute with cousins brother & sisters of Late Father in law. now my brother in law has passed away 2 months back. and his wife is not in good terms with my widowed mother in law. she is planning to sale the property to some 3rd person secretly and give up all relationships with my mother in law. please kindly suggest how can the gift sale deed be cancelled between my late Father in law's 3 sisters and my late brother in laws wife?

is there any other means for doing the same?

Thank you.

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4 Replies

Amul Ghodke 28 May 2016

I am looking for solution, please kindly give me some guidance. thank you.

Kumar Doab (FIN) 28 May 2016

The valid/registered gift deed confers immediate ownership on the person that has recieved the gift.

Once gift is made by donor and accepted by donee, the gift is complete .
The gift deed has to be duly stamped and registered .

The owner can dispose the property in his/her life time in any manner as it pleases to him/her.

The donor cannot unilaterally cancel the gift .

Court orders may be required that gift deed was vitiated by fraud, undue infuence.

What was mentioned in GIft deed?

What was gifted say some agricultural land?

It was in which state?

Hope this matter is different from one posted by you at:

https://www.lawyersclubindia.com/experts/Widowed-Mother-Lost-her-son-who-will-hire-the-property-in-son-s-name--598636.asp

Amul Ghodke 28 May 2016

Thank you Sir Mr Kumar Daob once again for kindly replying.

Court orders may be required that gift deed was vitiated by fraud, undue infuence.

May i know how the above statement can be executed for court to give such a verdict. what kind of proofs are required for proving the above clause?

What was mentioned in GIft deed?

Ans - I need to read and find out this exactly.... will let you know this in 1 day time.

What was gifted say some agricultural land?

Ans - It was NA certified Land

It was in which state?

Ans - Maharashtra state, Dist -Satara, Tal - Man

Hope this matter is different from one posted by you at:

https://www.lawyersclubindia.com/experts/Widowed-Mother-Lost-her-son-who-will-hire-the-property-in-son-s-name--598636.asp

It's a matter connected to the same issue posted..... but a different aspect of the issue

Kumar Doab (FIN) 28 May 2016

Engage a very able counsel specializing in such/property/revenue/civil matters and well versed with local laws.

AS poer local laws: If NA certified land can be given by gift to wife of brother then there should be infirmity. If not then the authority can cancell the gift.

Recently a matter pertaining to Gift in Karnataka has been discussed at:

https://www.lawyersclubindia.com/experts/Land-gift-deed--600191.asp

and there is another thread;

https://www.lawyersclubindia.com/forum/Gift-deed-was-cancelled-unilaterally-if-it-is-possiable-or-n-137692.asp

You can take cues from it.