Legal Question in Family Law in India
my father in law gifted his property to my son(minor 1 year) in 2010 with myself as guardian. In 2013 he cancelled the gift deed without our notice. is that possible. what i have to do.
3 Answers from Attorneys
Generally he cannot change the same. If u have acted upon and changed records into your name such as Tax, Revenue Records, the cancellation will be void. So you may rightly challenge the same.
dear client u can challenge that cancellation in civil court. for any legal help call me on 9422611385
ADV PRASAD PATIL
PUNE
Was the gift deed registered? According to the laws in India concerning gifts, a gift of immovable property can be made only by a registered instrument. A gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. If the gift deed was not registered in your case, the property would remain in the hands of your father in law. If however, the gift deed was registered, then the gift deed cannot be revoked unilaterally.
Once gift is made by donor and accepted by donee the gift is complete -the title to the property passes on the donee . Donor cannot unilaterally cancel the gift and if the same has been done, it shall not be considered as valid.
You may contest the case in the Court of law- there is a plethora of judgments in your favour. Get a lawyer to help you with the same. You can call me at 09555 507 507 or send me a mail at [email protected]
-Regards
Advocate Pooja
www.lawkonect.com
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