syam kumar (Business Associate) 04 February 2010

GIFT DEED CANCELLATION IS VALID OR NOT

This is syam from vijayawada, Andhrapradesh.

My father has 5 daughters and 1 son (me). My father has registered a will in 16-09-1999. He had expired on 06-12-2004.

Property written in will as follows.

For 1st sister:
a) 55cents of wetland (self earned by my father).

For 4th and 5th sisters: Jointly written.
a) 5 cents of house site (came from my grand fathers)
b) 10.3/4th cents of house site, (self earned by my father)
c) 92 cents of wet land (came from my grand fathers).

And remaining property (self earned by my father) in Will has written to me.

1st, 4th and 5th sisters gifted their property to me in document with love and affection, for my better future and providing property to me as a fixed asset and without any conditions by executing two separate registered gift deeds dated 17-01-2009. (Actually we have a money deal only on oral not on paper which has been delivered to them).

After 123 days my sisters have cancelled gift deeds without bringing it to my notice by executing two separate gift cancellation deeds on 19-05-2009 they mentioned cause as iam misusing the property and iam not having kind on them. (Actually they have demanded more money again after cancellation). I have not given any amount of money to my sisters.

My sisters has obtained passbooks for the wetland from MRO.

Is this giftcancellation is valid or not. What is the remedy for this issue.

How much chance of winning the case if i file a suit.

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6 Replies

kranthi kiran (Works In Judicial Department) 04 February 2010

To my knowledge, unless both parties( i.e., Donee and Donor) give consent, gift deed cannot be cancelled. The said cancellation can be challenged.

Deekshitulu.V.S.R (B.Sc, B.L) 04 February 2010

Mr Kiran is right. As per the present law there cannot be unilateral cancellation of deed when ones executed.

Suchitra. S (Advocate) 04 February 2010

I agree with the replies given above.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 February 2010

Dear All,

I have a peculiar problem, which is related in context to this thread.

My wife gifted me a months supply of pure Swiss Chocolates, which she contracted to have it supplied to me from a Import Dealer. TO confirm the gift, she made a stamp duty paid registered gift deed. Well, I received the gift, and over the period of one month, I ate the swiss chocolates, which got digested and periodically excreted out as well.

NOW, after 3 months, my wife says that she wants to rescind or say cancel the registered Gift deed and that now she wants me to return the Gift of Swiss Chocolates.

MY PROBLEM : The gift, under the registered Gift deed, was duly received utilised, eaten, digested and excreted. Under the circumstances, How do I return the Gift, so as to enable her to rescind the Gift deed.

Another problem : A gift is one-sided and does not involve any money to be paid, hence a Gift is outside the purview of the Contract Act, which has a provision for rescinding a Contract for non-performance of opposite party obligations or say commitments or many other what-evers.

Yet another problem : The Gift was given voluntarily and was also accepted voluntarily in Good Faith, hence a Gift is outside the purview of the IPC, which as a provision of Cheating / Misrepresenting / Frauding / impersonation etc....

HOW to return the Gift specific (swiss chocolates) as described in the registered Gift Deed ?

Any answers, please ?

Keep Smiling .... Hemant Agarwal

(Guest)

inhyderabadmall.com

You should seek advice from your lawyer.

sachin (advocate) 05 September 2011

x is gift deed executed on 100 rs bond paper before notory by b in favor of a, according the b he has not executed any gift deed in favor of any person includding a, according b in signiture on gift deed is forge, he has not signed on any gift deed, wid help of gift deed a mutated the land on a on his name, b wants to get cancelled the land mutated on a name, what will be remedy to this legal problem.