Grandfather cancelled gift deed without reason. What can we do now?

920 votes

once gift is made by donor and accepted by donee the gift is complete .The deed has to be duly stamped and registered.The title to the property passes on the donee . The donor cannot unilaterally cancel the gift deed unilaterally and it has to be done only with the consent of donee.

Advocate Narender Kumar Sachdeva LawRato

844 votes

Dear client , do you have any documents pertaining to gift of the property by your maternal grandfather to your mother . Any transaction related to immovable property requires compulsory registration. Hence in that event he will not be entitle to implicate you in any false case

LawRato LawRato

597 votes

One would need to look at the terms of the gift deed to check whether it was a conditional deed or not. I am assuming that no such conditions had been placed in the deed which would provide for it to be revoked.

In terms of protecting your mothers interest, she should file a suit for declaration, permanent injunction with other reliefs. While the suit is pending you should apply for an injunction which will protect your mothers right to use the property while the suit is being decided.

If a FIR is registered you could have it quashed. According to the guidelines laid down by the supreme court, where the parties are known to each other and the evidence is primarily based on documents, police investigation is ordinarily not required. Hope this has been of some help.

LawRato LawRato