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.
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.
Can I claim gifted property?
Gifts received in marriage: There is no way to get a gift back. Gifts received during marriage: Gifts given by relatives at the time of marriage, inheritance or the execution of wills are exempt from tax. 06-Oct-2023
Can gift deed property be Cancelled?
If the gift deed is forged, it can be cancelled. Forgery is grounds for cancelling a gift deed under both the 1882 Transfer of Property Act and the 1872 Indian Contract Act. 27-Apr-2023
Can gifted property be taken back from brother?
You cannot claim the gift. It is the property of your brother if the gift transaction between your father and your brother was completed in a legal manner. Anyone can give their property to anyone they like.
Can I take back my gifted property?
According to Hindu law, parents are not allowed to take back a gift that was given without conditions or reservations. If the gift was made with conditions attached, parents can reclaim their property if they are not met. 01-Nov-2022
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
anyway there is every chance for the property to be inthe name and ownership of the executor
Indian High Court ruled that parents can take back their property
Can parents take back their gifted property
Cancellation of registered gift deed under senior citizen Act, 2007
Can a gifted property be sold without the consent of the donor
Gift deed can be cancelled under senior citizen Act
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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