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Can an unconditional gift deed be revoked
13-Nov-2024 (In Property Law)
My husband registered the gifted flat on his name last year.my mother in law gifted that flat to him.Now if he sells that registered gifted flat can my mother in law claim it back...the gift deed was unconditional
If the gift deed is unconditional and if the son continues to maintain the mother then revocation is not an option. However, over a period of time Courts have taken a different approach towards revocation of gift deed. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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In India, under the Transfer of Property Act, 1882, a property gifted through a registered gift deed becomes the absolute property of the recipient. Since the flat was gifted unconditionally by your mother-in-law to your husband, he has full rights over it. This means that he can freely sell, transfer, or otherwise dispose of the property as he sees fit, provided the gift deed was legally registered and there were no conditions attached to it.
Once an unconditional gift deed is executed and registered, the donor (your mother-in-law, in this case) typically has no legal claim over the property. This also means that your mother-in-law cannot reclaim the property based on a change of mind or any non-legal reasons. Indian courts have generally upheld that an unconditional gift deed, once made and registered, cannot be revoked or reversed unilaterally by the donor, except in cases where there is evidence of fraud, undue influence, or coercion during the process.
If your husband sells the flat, the sale proceeds or transfer of ownership would be valid, and the buyer would hold a legal title. However, it’s recommended to ensure that the gift deed was executed properly and that there are no legal disputes or ambiguities. For specific guidance on your situation, consulting a legal professional may be prudent.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Well, if the Gift Deed was unconditionally made by your Mother in Law to your Hubby, then, he can sell that Gifted flat to whomsoever he wants without seeking permission of your Mother in Law, as he is the owner now of flat after receiving the flat as Gift from her Mother in Law.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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