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Aparna Verma (EA to VCMD)     06 May 2013

New law for senior citizens to take back gift deed

Hi, my parents jointly owned a property which was self acquired. My father gave his portion to me via gift deed as at that time I was a divorcee living with them with my daughter. My mother is owner of other half which she has willed that it would go to my father after her death and to me in case he goes before her. Since then, I got married and living on that property alongwith my husband and my parents and daughter. However, now my parents are not happy that I got re-married and they want to take back the half portion my father gave to my through gift deed. Can my father cancel the gift deed? I spent lot of money renovating this property and has cost me my life's savings. I am not left with anything much to buy another place to stay. My husband has a private job and I am also in private service. He is not earning that well that he can maintain the family independently. I have a good job but I was planning to leave it as we are planning a baby. Now, since my father is threatening to cancel the gift deed, we are very depressed as to what to do... please advice!



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 6 Replies

Ranee....... (NA)     06 May 2013

no, gift can not be revoked once accepted.

P. Naveen (Editor)     08 August 2013

Relax, if the Gift Deed is registered with appropriate Stamp Duty and Registration charges paid and signed in the presence of 2 witnesses, it cannot be revoked.

Aparna Verma (EA to VCMD)     09 August 2013

Thanks so much for your replies.  I am now 5 months pregnant and living under constant threats from my parents that they will kick us out.  They have even gone to the extent of threatening to file cases against us that we are harassing senior citizens and even called the police once since I was scolding my daughter about something and they did not like it! All we want to do is live peacefully but unfortunately, all the mental torture is really affecting my health and pregnancy. My husband too has limited coming to this house now and is spending time here as well as with his parents so that my parents don't get hassled seeing him around :-( ..... and they say childrent torture old parents!!!

Deep   26 June 2019

they can file civil case in for cancellation and that say u r doing misbehaving with thm...and they can take back

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 June 2020

In the given facts, there is no ocassion before your father to cancel the said gift-deed which otherwise cannot be except of conditional gift.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : Aparna Verma

Hi, my parents jointly owned a property which was self acquired. My father gave his portion to me via gift deed as at that time I was a divorcee living with them with my daughter. My mother is owner of other half which she has willed that it would go to my father after her death and to me in case he goes before her. Since then, I got married and living on that property alongwith my husband and my parents and daughter. However, now my parents are not happy that I got re-married and they want to take back the half portion my father gave to my through gift deed. Can my father cancel the gift deed? I spent lot of money renovating this property and has cost me my life's savings. I am not left with anything much to buy another place to stay. My husband has a private job and I am also in private service. He is not earning that well that he can maintain the family independently. I have a good job but I was planning to leave it as we are planning a baby. Now, since my father is threatening to cancel the gift deed, we are very depressed as to what to do... please advice!.....Is there any clause in that Gift Deed that  the property has been gifted on the understanding that you as his daughter  shall provide the basic needs and maintain the senior citizen or parent,then any failure on the part of you to honour such promise made, is tantamount to fraud. Such promise may be express or may be implied and may be inferred from the circumstances surrounding the transaction. Under such circumstances, the agreement to transfer the property shall be deemed to have been obtained by way of fraud and can be voidable by the aggrieved parent/senior citizen .  The Maintenance and Welfare of Parents and Senior Citizens Act,2007 protects the elderly people who have signed away their property to their children and therefore if that Gift Deed has been registered in the year 2007 or thereafter with the aforesaid clause in that Gift Deed,then your father can approach the Court of Law for cancellation of that Gift Deed by alleging that you are not maintaining your parents by providing their basic needs.

 


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