Can my mother cancel a registered gift deed of property?

[Anonymous]

My father is not alive and we two brothers are living in the same house with our mother. I am doing all household expenses for last 8 years and my brother is almost unemployed. My mother had a plot in her name on which I constructed the house spending about 20 lakh rupees. My mother had gifted that house to me by a registered gift deed 2 years back. The house in which we all are living continues to be in the name of my mother. Now due to some family problems, my mother is not happy with me. She wants to cancel the above registered gift deed of other house and give the same to my brother. Can she do so? I spent a lot of money on that house for construction and otherwise also. Can I resist the cancellation of the gift deed through legal ways?

[Dr. Ashok Dhamija]

Recently, I have replied to a similar question, which may please be seen: Cancellation or revocation of registered gift deed of immovable property.

As mentioned in the above reply, once a gift of an immovable property has been registered, it cannot be revoked by the donor at his or her own will. Further, if there is a clause in the gift deed that it could be revoked by the donor in future, then such gift deed itself is void.

In view of this, once an immovable property has been gifted to you by your mother by way of a registered gift deed, and by fully understanding the consequences of such gift, such gift cannot be revoked by her.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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