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Is a property gifted through


due registration revocable?
My father aged 82, still living with me, gifted an
immovable property through a duly stamped
registered gift deed in 2007. I want to know (1) if this
deed can be revoked by the donor (2) if at all it can be
revoked by the donor, please specify the
grounds/circumstances under which it can be revoked
by the donor? (3) whether other legal heirs (my sisters)
claim any share in the property gifted to me? (4) If my
father writes a 'will' bequeathing the said property,
now ie., in 2015, to other legal heirs (my sisters), is it
legally valid and come into effect after the demise of
my father? (5) are my sisters Tnd sound ground to
challenge the gift in a court of law?
Asked 4 years ago in Property Law from Erode, Tamil Nadu

Religion: Hindu

1. After the gift deed is complete the gift deed cannot


be unilaterally revoked.
2. To revoke the gift deed your father has to go to
court and seek the cancellation of the deed. There is
no other legal recourse available to him.
3. No other legal heir can claim a share in the
property which has been gifted to you. You are the
owner of the property now.
4. Your father cannot make a will now as he has
gifted the property to you.

Ashish Davessar
Advocate, Jaipur

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1) gift deed cannot be revoked . You are absolute


owner of property
2) only in case gift deed was executed under fraud or
coercion can gift deed be set aside by court orders
3) no other legal heirs cannot claim share in property
4) will cannot be made by father as he is no longer
owner of said property
5)no chances of success for your sister are bleak

Ajay Sethi
Advocate, Mumbai
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Hi, Once the property is gifted to you it can not be


cancelled.
2. The property gifted may cancelled through the
process of the court that gift deed executed by way
of fraud or coercion then only court has power to
cancel the gift deed.
3. If the property is the self acquired property of your
father then your sisters has no right to claim their
share in the gifted property and if the ancestral
property then they have to a Tle suit for partition
claiming their share.

Pradeep
Bharathipura
Advocate, Bangalore
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Bharathipura

Hello,
1) The registered gift is irrevocable. The donor cannot
revoke it . It is absolute.
2) The gift deed can be cancelled if the donor and
donee mutually agree to do so.
3) Your father cannot will the gifted property. Even if
he does so it will be invalid.
4) There's no way your sisters can challenge the gift
deed in a court of law.

S J Mathew
Advocate, Mumbai

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Once the gift is gift is complete and the possession is


transferred there is no revoking it. The property
changes ownership and cannot be a subject of your
fathers will any more because it is not his to give any
more. But all of this is true and permanent only if gift
was made according to due process of law. If there
was any mistake then such mistake can be used to
challenge the gift deed.

Saptarshi
Banerjee
Advocate, Kolkata
220 Answers
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1. & 2. Legally executed and registered Gift Deed can


not be revoked unless the same is a conditional gift
Deed,
3. Other legal heirs can bot claim any share of the
said gifted property unless it is proved before the
Court of law that the said gift deed was executed by
your faher being illegally subjected to coercion,
4. No. As soon as your father gifted his said property
by executing and registering the gidt deed, your father
ceased to be the owner of the said gifted property for
which he can not bequeath it anybody,
5. The only thing your sister can do to claim their
share of the gifted property is to challenge the
authenticity and legality of the gift deed.

Krishna Kishore
Ganguly
Advocate, Kolkata

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Ganguly NOW!

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