Legal Question in Wills and Trusts in India

My father gifted a property to me via registered gift deed, making me absolute owner of property with the right to sell or mortgage .....(and that gift will not be revocked in future as a clause).

Now after 3 years my father says he will cancell the gift deed by saying that i forced him or coerced him and made him to gift the property to me.

1.Can he cancell the gift deed even if it was done by following all laws of gifting.


Asked on 3/09/14, 6:50 am

3 Answers from Attorneys

Setu Niket Curare Legal

An irrevocable gift deed cannot be revoked, since all the valid conditions for gift were fulfilled

Please note however your father can prefer a suit for getting the gift be declared as void or file a complaint under the senior citizen act where the gift can be canceled.

Feel free to contact on 9873109672 for assistance.

Setu Niket

Advocate

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Answered on 3/09/14, 9:46 am
Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

The donor has to make a strong case for cancellation otherwise the same remains valid.

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Answered on 3/09/14, 11:12 pm
Fca Prashant Chavan Expert Edge LLP

12.03.2013

Dear Sir / Madam,

SUSPENSION OR REVOCATION OF A GIFT :

A Gift may be suspended or revoked by an agreement between the donor and the donee, on the happening of a specified event. A gift may also be revoked if the gift is vitiated by coercion, undue influence, fraud, misrepresentation or mistake. To suspend or revoke a gift for reasons of undue influence, one has to show that the party exercising the influence was in a position to dominate the will of the other and that the donee used that position to obtain unfair advantage. More than mere influence is undue influence (Sukhdev Rai v/s Champa Debi, MANU/BH/0028/1985 AIR 1985 Pat 89, 1986 (34) BLJR 90). An influence of coercive nature is devoid of willingness. Fraud suggests concealment of facts, misrepresentation of facts, and some other camouflage resorted to obtain certain gains.

Regards,

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Answered on 3/12/14, 5:09 am


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