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.

My Dad is the donor and he wants to revoke it as well and even while making this gift of deed in 2003 he never wanted to do this but I insisted him to do it at that time for security reasons. My dad, myself and brother are all on the same page and want to revoke the deed. Since I am the only working member in the family I was tired of paying my dads loans in 2003 due to which I almost forced him to transfer the property to my brothers daughter so he could not raise loans, but only now we all realize that we did a mistake and want to revoke this.

Asked on 6/29/13, 8:55 pm

1 Answer from Attorneys

Jayesh Desai Jayesh Desai

Is the daughter major now? If yes, you need her consent also.

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Answered on 7/01/13, 12:15 am

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