Legal Question in Real Estate Law in India

Can someone please answer this? My father gave a gift deed of his house in India in 2003 to a minor(my brothers daughter who was 2 years old at that time) since I ha insisted him to do this so the home is secure(wanted to protect my family from raising loans using the house document). Apparently my brothers wife now wants to divorce him and is claiming more settlement and the house is the only property left and it is wort 1 crore. Wondering if the gift deed that my father gave to this minor can be cancelled now? The minors guardian nor the minor herself signed the document. Also neither my mother , nor myself nor my brother is a witness in this gift deed registration document.

Asked on 6/29/13, 4:27 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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30.06.2013

Dear Sir / Madam,

Before I answer this question, there are two points that I wish to draw your attention to :

a) A gift can only be revoked by the donor anytime during his lifetime.

b) A gift made to a minor cannot be sold by the parent(s) / guardian till the minor attains the age of majority.

Only your father has the sole right to revoke the Gift Deed.

Regards,

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6/29/13, 7:19 pm
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dear client

yes you father can cancel the gift deed

for any query do reply me at uttamtibrewal@yahoo.com

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6/30/13, 12:11 am

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