Gift Deed Cancellation

Dear Client,
Unless there is a condition stipulated in the release deed stating the transferee/beneficiary shall take care of the transferor, if he is unable to maintain herself or himself, seeking cancellation of the gift deed, donor can not cancel or revoke the said gift invoking the provision of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 19 of the Indian Contract Act provides that where consent to an agreement is caused by coercion, undue influence, fraud, or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so obtained. So, in the absence of such elements as outlined under the Act, the transferor cannot revoke or cancel a release deed unilaterally. Any attempt to unilaterally cancel a gift deed is likely to be deemed void and unenforceable. The proper course of action for cancelling a gift deed is to file a civil suit before the competent civil court seeking cancellation of gift deed and as per Article 59 of the Limitation Act, 1963, a suit for cancellation of a registered document (Gift deed) is three years from the date the plaintiff gains knowledge of the fact behind the execution or registration of a document or the transaction. So, a gift deed executed 15 years ago is now barred by the law of limitation. As regards cancellation of the gift deed under Section 23(1) of the Maintenance and Welfare of Parents and Sr. Citizens Act, 2007, be informed that in a landmark judgment passed in the case of Nitin Rajendra Gupta vs. Deputy Collector, Mumbai and others,(2024:BHC-OS:5954), the Bombay High Court ruled that the provision of Section 23(1) of Act cannot be used as a machinery/tool for settling property disputes between the heirs of senior citizens. The Court observed that the Maintenance Tribunal established under the Senior Citizens Act, 2007, must ensure that Section 23(1) of the Act is not misused by the children who are denied a share in the immovable properties by seeking to get the gift deed annulled by filing an application through senior citizens. Different High Courts and the Supreme Court have consistently held that unilateral revocation of a gift deed or release deed is legally unsustainable in the absence of a revocation clause. Therefore, given the proposition of governing law and the courts' averments, it is recommended to seek legal advice from an experienced property Lawyer to understand your rights and remedies that suit your situation and protect your interests most.

Dear Sir,

Obtain Certified Copy of AC Order

Apply before:

Assistant Commissioner Office, Chikkaballapur

File Writ Petition before Karnataka High Court

Under:

Article 226 & 227 of the Constitution

Grounds to Raise:

No notice → violation of natural justice

No maintenance clause in gift deed

11-year delay → abuse of process

Lack of jurisdiction under Section 23

Order is void ab initio.