Legal Question in Real Estate Law in India

Revocation of registered gift deed

Dear Sir/Madam

We are three brothers. My mother purchased a land worth 250Sq yards in 1996. And the land was gifted to my borther and me eually (125 Sq yrs each) in 2000 through un conditional registered gift deed. My brother constructed the Gr&First floor in his share. I sold my share to others in 2008. Now my mother would like to revoke the registered gift deed saying that while registering the gift deed he told her elder son to distibute the land equally among 3 borhters.

Now my questions are

1. Can my monther cancel/revoke the reqgistered gift deed.(Pls note there is no conditions executed in gift deed)

2. If gift deed can revoke, can mother revoke only my share, leaving my brother share as it is.

3 If gift deed can cancel/reovke, what about the third pary.(whome purchaed the land form me)


Asked on 10/24/08, 7:06 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Revocation of registered gift deed

1. If gift is void or voidable, same can be cancelled.

2. This depends on nature of suit.

3. This will depend on facts and circumstances of the case. If such purchasers are bona fide purchasers for value without notice of defect in title, then can claim protection.

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Answered on 10/31/08, 2:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Revocation of registered gift deed

(1) A gift deed cannot be revoked after it has been acted upon;

(2) Refer to answer (1) - the deed cannot revoked if acted upon already;

(3) The buyer's title, if acquired by him 'for value without notice' cannot be disturbed.

Even if your mother revokes the gift deed, she may not be able to disturb the title of person whom you sold the property. Therefore, you may have nothing to worry about her intended actions in revoking the gift.

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Answered on 10/24/08, 12:48 pm


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