Gift Deed - Can/ Can't Be Cancelled

Question

Gift Deed - Can/ Can't Be Cancelled

04-Oct-2023 (In Property Law)

My parents had gifted me a property three yrs back which was duly registered. And i took loan on it for renovation. Last year my father passed away. And now my mother on influence of my brother wants to revoke the gift deed and harrass me as my father had not given anything to my other two siblings. I am a widow and a mother of two sons, handling everything single handedly from the past 12 yrs. Need help n suggestions.

Answers (4)

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All Answers

Advocate Anubhav Kathuria LawRato · Accepted Answer · 2022-10-04T19:23:57+05:30

The contents of the gift deed needs to be legally perused and analysed to tender any legal advise on the revocation part. Do clarify as to who have executed this deed in your favour. You may contact with better particulars

Advocate Deepanshu Garg LawRato · Accepted Answer · 2022-10-05T23:44:55+05:30

For the gift deed, first see in whose name the property was. If it is in the name of the father it cannot be canckelled. Otherwise also, the mother cannot dispute the same until she is able to prove that the same was done under pressure. Moreover in your case three years have passed so there will be a question of limitation to file any such case. Documents have to be seen first to understand the circumstances

Advocate Shrikant Samantara LawRato · Accepted Answer · 2022-10-06T13:13:11+05:30

Hello Ma’am

Gift Deed once executed and registered cannot be cancelled unilaterally by the Donor, unless there some conditional clause in it.

Further You need to let us know, in whose name the Property was registered, mother or father and also the contents of the Gift Deed.

Further a Gift Deed can only be cancelled at the instance of Court and not Sub Registrar Office.

Regards.

Advocate D. Khan LawRato · Accepted Answer · 2022-10-06T15:08:05+05:30

You have asked the same question many times now. You don’t have to do anything ! If other people send you any legal notice or anything f u get summons from the court then u need to hire an advocate without delay! Till then be nothing gonna happen ! Or you may move an apprehension intimation
Thanks

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