Dear Sir/Madam, My cousin (DONER) gifted a house to his younger son (DONEE) 20 years ago. My cousin's younger son (Donee) has made his wife GPA holder to the gifted property by a registered deed. Now, my cousin (DONER) wants to cancel / revoke the gift deed by influenced by his elder son. Now the queries are : A) " Can my cousin (DONER) cancel / revoke the gift deed which was under a registered GPA with my cousin's younger son's (DONEE's)wife " B) If (A) above is possible, what are the steps to be taken by my cousin since the Gift is under GPA with Doner's wife. Please give your precious leagal advise in this regard. Thank you,
Dear Client, in response to your queries, your cousin (DONER) can revoke the gift deed, but certain conditions must be satisfied. Under Indian law, a donor has the right to cancel a gift deed if there is mutual consent, if it was executed under coercion or fraud, or if specific conditions outlined in the deed are not fulfilled. However, if the donee has accepted the gift and it has been registered, revocation cannot be done unilaterally without valid grounds. Further, to initiate the revocation process, your cousin should first consult a lawyer who specializes in property law to understand the legal implications and procedures involved. The next step would be to file a petition in the appropriate court seeking cancellation of the gift deed. This petition must clearly state the grounds for revocation, such as coercion or failure to meet any conditions specified in the original deed. Once the petition is filed, a notice will be issued to all parties involved, including the donee and any holders of the General Power of Attorney (GPA). Your cousin must provide supporting evidence for his claims during court proceedings. If the court finds merit in the petition, it will issue an order for cancellation. Finally, your cousin should ensure that this order is registered with the local registration office where the original gift deed was recorded to officially revoke it. Following these steps will help your cousin navigate this complex legal process effectively. Feel free to book an appointment for a detailed discussion.
Dear Client, based on your query, In India once a valid gift deed registered and executed then it cannot be revoked unless exceptional circumstances mentioned. section 126 of the Transfer of Property act clearly mention about it. If your Cousin(Doner) wants to revoke or cancel the gift deed then the doner must show valid ground or any valid clause mention under section 126 of TPA,1882. For your matter we need details discussion to give proper solution. you can contact us.
