Gift cancellation
11 months ago
My father executed a gift deed in my mother’s name in the year 2002,
For nearly 2 years the gift was in my mother’s name.
Later my father’s sisters did a plan and asked us that they will purchase some pieces of property,
Out of the gifted property which was in my mother’s name.
They took all of us to sub register and did a cancellation deed and got it signed and registered including both the parties-My father and mother.
Subsequently they did all sale deed in their names-
My father did sale registered deeds to their names.
Cancellation of gift deed and registration of sale deeds was done in the same minute and same day and they didn’t pay the amount as well to us.
Is there a law that gift deed cannot be revoked one given?
What action can we taken in this situation Please advise.
For the cancellation of a registered Deed of Gift, the donor has to file a suit before the Civil Court praying for an order of cancellation of the deed of gift which was obtained by fraud, undue influence or coercion. If such an allegation is proved on the contest, Court is satisfied with the pleading and evidence, passes an order for cancellation of deed of gift. But the task is difficult but not impossible. But in this case, the said procedure is not followed with ulterior motives under undue influence of the own sister of the donor affecting the right to property of all concerned. So where whole the process from cancellation of the deed of gift to the registration of the sale deed is done on the same day before RA under the undue influence of one trusted relative of the donor, who even hide her evil intention before the Registering Authority, both deeds of cancellation and deed of conveyance may be declared as void ab initio restoring the status quo of the earlier document once the matter is litigated and brought to the notice of competent Court of law and the person responsible for such a criminal offense may be prosecuted and punished for cheating and abatement of fact. For any kind of assistance, you need in this regard, you may contact our legal team for the purpose along with your all relevant papers
As per the information you have mentioned , the law provides that any gift that is made and accepted by the donee is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion.
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