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sowmya (Software engineer)     23 June 2009

Is it possible to reverse a Gift Deed?

Hi,

My uncle transfered a house to my father as a gift deed.. Now my uncle's wife had got the same house transfered in their children's name by gift deed. Is is possible to transfer the property which has been transfered by gift deed to somebody else without that person's consent?



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 12 Replies

A V Vishal (Advocate)     23 June 2009

Dear Sowmya,

Your father has accepted the gift from his brother which makes him the owner of the gifted property and now he has gifted the same to his brother's children, the transaction is legally valid.

I am unable to understand the last line"....without consent............", whose consent do you mean?

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Legal Fighter (Advocate)     23 June 2009

It is not possible and if it has happened, it is illegal transaction. You may take appropriate legal recourse.

Manish Singh (Advocate)     23 June 2009

if you mean to say tht the gift made to a person has been transferred by his wife, its not valid. the owner was the husband an not the wife. so no ownership shall betransferred by the gift deed made by the wife an it is irrellevant whethehr it is made to heirs of the person or not.

Bhaskaran Advocate (Lawyer)     24 June 2009

Who holds the title of the property?  Whether it is your uncle or aunt.   If it is the Uncle then the first Gift Deed is valid.  If it is his wife who is the title holder then he Gift holds good and is valid.   He who does not have a title can never give a better title to the transferee.

Meenakshi Vijayanand (Advocate / Law Firm)     24 June 2009

The gift deed executed by your uncle in favour of your father  is valid and from the date when the property was transferred your father ll become the absolute owner of the property. So, the gift deed in respect of the same property executed by your uncle's wife is void. Even with your father's consent the property cannot be transferred by your uncle's wife due to the fact that your father is the absolute owner of the property.  Your father is the only person who can deal with the property.

sowmya (Software engineer)     24 June 2009

Thankyou all so much for the reply...

Let me make it more clear.. My uncle has gifted the property to my father.. Then he has transfered the same property to his children as his wife has forced him to do so... once the property has been gifted to my father, is it possible to cancel it? Is this a valid transaction?

sowmya (Software engineer)     24 June 2009

And my  uncle has trasfered the property which was previously gifted to my father without the knowledge of my father.. We came to know this recently when they have applied for the change of name of the property to the muncipal corporation.

A V Vishal (Advocate)     24 June 2009

Dear Sowmya

The gift deed is valid, kindly mention on which date the gift deed was executed by the donor(Uncle) and accepted by the donee(Father). Further the registration of gift deed is mandatory under law if it relates to immovable property. In case it is not registered then it cannot be admissible evidence in the court of law.

sowmya (Software engineer)     24 June 2009

Hi Vishal,

Gift deed was executed on  01-07-2000 and was registered on the same day. Can i know more information about gift deed? Like if it is valid to a execute gift deed on mortagaged property....

 

 

A V Vishal (Advocate)     25 June 2009

Dear Sowmya,

If the gift deed is registered then there is no way others have rights to alienate the property including the DONOR himself, Further, a mortgaged property can also be gifted

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sowmya (Software engineer)     25 June 2009

thankyou Vishal.

1 Like

Deepak Jain, Hisar (Practicing Lawyer)     27 June 2009

Sowyma,

plz Consider Reply of Mr. D Bhaskaran, A.V.Vishal- Both are very clear on this aspect.

Once first deed is valid in favour of your father then your uncle lost his all rights(ownership) attached with the property as such later on he can not give any thing to any person by any mode of transfter as he has nothing to give after exectuion of First Deed in favour of your Father.

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