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Bithika Pal   02 August 2021

Revoking gift deed

A widow has received two kata land from the government as part of rehabilitation. She has been staying with her youngest son(till his death) and her youngest daughter-in-law (onwards). Now, she had gifted the land equally to her elder son and the youngest daughter-in-law, one kata land each through a registered gift deed. Now, her elder son also expired, and elder daughter-in-law has taken possession of one kata land and given it to another person for "promoting". Now, the donor who was the original landlord can take the gift back or claim the ownership as she has gifted to her son and not her elder daughter-in-law. Her elder son also has no child as a descendent.

In this case who can actually claim the property?

a) (100% of the property)-Is it the mother (donor) as his son (donee) has no descendent by Section 126 in The Transfer of Property Act, 1882. 

b) (50% of the property)- Is the wife of (donee) as legal heir and (50% of the property) by widow mother of the donee as legal heir?

c) (100% of the property) - Is the wife of donee? and mother will not come into the picture as she has gifted it to her son?

Also to mention her elder son and elder daughter-in-law both have not taken any responsibility for the widowed mother from the beginning. Now, the elder daughter-in-law wants to break the old house in which her youngest daughter-in-law and she is living. How can she protect the house from breaking it down?


 7 Replies

G.L.N. Prasad (Retired employee.)     03 August 2021

The gifted property can not be taken back from the legal heirs. Taking responsibility is different.  Making a complaint to the Collector about neglecting the dependents and bringing pressures as per law is the only remedy.  There was a proposal on the enactment of law for cancellation of such transfer deed executed by parents in case of neglect by children.  I am not aware of the implementing stage and whether it applies to gifts also and to legal heirs of donee.

Shashikant V. Patil (Lawyer)     03 August 2021

If the gift deed having conditional clauses about the property about transfer, then it can be revoked.  Also you stated that the land in question had been received from Govt. for rehabilitation to the donor.  So after her life time or during her life time the property can succeeded by  legal heirs. But land allotted by Govt can not be given to third party for promoting or developing as it violates terms and conditions of Govt for which purpose the said land allotted.  And again, if donee died , his legal heirs succeeded as per Succession Act and accordingly land devolved in the name of his mother and wife equally ,i.e.  half share each. For this succession certificate is to be obtained from Civil Court.

P. Venu (Advocate)     03 August 2021

Any suggestion depends upon the terms of the grand and the terms, if any, in the gift deed.

Bithika Pal   04 August 2021

Thanks for the information. The gift deed was made without any clause as if she has given affection and love. Now, in terms of legal heirs what is the process to get a succession certificate from a civil court. Also to mention in West Bengal, this illegal promoting is happening with force and muscle power and not following any municipality guidelines. It will be helpful if you can guide me in getting the succession certificate. 

P. Venu (Advocate)     04 August 2021

The above posting is incomplete in material facts.

Shashikant V. Patil (Lawyer)     04 August 2021

You better appoint a local good Advocate for obtaining Succession Certificate.  He will do the needful.

Bithika Pal   05 August 2021

Thank you.

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