Partition and Gift Deed
9 months ago
Maternal uncles daughters mislead my mother and granny to get there names with equal % on all the property by gift deed, which removed granny's name totally removed from the property and kept my mother's name with equal rights as of there's.
Can we cancel the Gift Deed as granny is still there (alive) and ask for the actually partition as per the law?
A.Dear Client,
A Deed of Gift once registered and accepted by the donee with possession, cancellation or revocation of said deed through litigation on the ground that the gift was executed under coercion, fraud or under undue influence, is a very difficult task but not impossible provided if you can satisfy the Court that the Gift is executed under coercion, undue influence, fraud or misrepresentation with ulterior motives. Generally, a deed of Gift cannot be revoked as it is made voluntarily. However, in certain situations, revocation is allowed if it can be proved that the deed is executed under coercion, undue influence, fraud or misrepresentation, the revocation or cancellation of a deed of gift is possible. So reach out to an Advocate for guidance and steps.
A Deed of Gift once registered and accepted by the donee with possession, cancellation or revocation of said deed through litigation on the ground that the gift was executed under coercion, fraud or under undue influence, is a very difficult task but not impossible provided if you can satisfy the Court that the Gift is executed under coercion, undue influence, fraud or misrepresentation with ulterior motives. Generally, a deed of Gift cannot be revoked as it is made voluntarily. However, in certain situations, revocation is allowed if it can be proved that the deed is executed under coercion, undue influence, fraud or misrepresentation, the revocation or cancellation of a deed of gift is possible. So reach out to an Advocate for guidance and steps.
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Mahi Thakur
Replied 9 months ago
Thank you sir for responding and sharing this information.
A.Dear client,
A property legally given away belongs to the donee and cannot be simply withdrawn. However, sometimes, revoking a deed may even be possible. These conditions include when the deed of gift has been created under duress or through fraud. In your case, as you say that your grandmother was mislead, you have a good defence. Please file a suit in the civil court asking for revocation
A property legally given away belongs to the donee and cannot be simply withdrawn. However, sometimes, revoking a deed may even be possible. These conditions include when the deed of gift has been created under duress or through fraud. In your case, as you say that your grandmother was mislead, you have a good defence. Please file a suit in the civil court asking for revocation
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