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Can we can take back a Gifted Property after the receipt died


22-May-2023 (In Property Law)
While the brother (45 years) was on the death bed from Cancer, my wife has gifted (with NO condition) her share of the inheritance property (no will left by father) to her dying brother hoping that he will recover by the happiness of receiving the property. However, he passed away within two months. Now the wife of the deceased brother is trying to sell the property. My wife has so much emotional attachment to the property because her father and grandparents spent a lifetime building such legacy and ancestral properties. The wife of the deceased brother hasn’t registered the property in her name yet. Is there legal action my wife can take to take the property back. Can she execute any actions without the knowledge of the wife of the deceased. All my wife wants is to protect the family properties beyond this generation. Please let me know what are the actions, how, and associated legal cost (stamp paper etc) of such actions. Thank you in advance for your kind guidance.
Answers (3)

Answer #1
553 votes
Assuming that the gift is by way of a registered deed. Normally a gift deed cannot be revoked by the donor. but if there is a condition to to transfer back on the death of donee, it would come back. but if it is done without any such conditions, it will be naturally devolved upon his legal heirs.
Answer #2
746 votes
first of all it should be ascertained that whether the settlement was complete or not.anyway the cancellation could only be made through the intervention of court.for more please feel free to call me anyway there is every chance for the property to be inthe name and ownership of the executor
Answer #3
77 votes
A Gift Deed is irrevocable. Gifted property can't be reclaimed unless & until it is proven that the Gift Deed took place under threat, coercion, mental illness or other circumstances.
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