1) once gift deed is made donee becomes absolute owner of the property .

2) cancellation of gift deed can be made by mutual consent of parties . gift deed / cancellation deed cited by you has to be perused to advice .

3) if property has been gifted to minors for sale of their share court orders would be necessary .

4) title is not clear and marketable dont purchase said property

Hi,

If the family settlement deed was revoked by some of the signing parties to the deed, it is revoked legally. The minors in the deed were not signing and they were not required to sign in the revocation deed. The settlers have later on sold it to the present promoter , whether the claims of the minors are effective or not in the land beneath , will not affect your rights in the flat.

A settlement deed if it is not registered is legally disputable and in your case it has been revoked by the parties who signed and the minors have been represented by their guardian. No need to worry about your legal rights as the owner in the flat and also about the legal enforceablity of the purchase.

1. The revocation deed was not signed by the settlees,

2. The above fact makes the revocation deed invalid,

3. Buying this property will be risky.

1) dont purchase the said property as the donees have not signed the cancellation deed

2) title to the property is not clear and marketable .

1. After the gift deed is made the donee assumes absolute ownership of the property gifted to him.

2. Gift deed, once made, cannot be cancelled unilaterally by the donor. The only legal recourse available to the donor to cancel the gift deed, in the event that the donee does not consent to cancellation, is to file a lawsuit for cancellation of gift deed in the court, which the donee can contest by engaging his lawyer.

3. In the facts and circumstances furnished by you, when the names of the grand children were included in the original deed, they ought to have been included in the cancellation deed as well. Hence, purchasing this property will be a risky proposition.

1. Registrar has no authority to cancel an instrument of property transfer.

2. Guardians have not signed the cancellation deed. The minors can sue you on attaining majority if the cancellation deed does not take within its ambit their rights.

3. Get the settlement deed and cancellation deed vetted by your lawyer to obtain a clear picture.

1) by mutual consent of parties settlement deed can be revoked . you dont need to approach the court in this regard . cancellation deed must be mentioning reasons for cancellation of settlement deed .

2) as mentioned earlier if settlement deed is made in favour of minor for revocation of settlement deed you would need court orders

3) as advised earlier title to property is not clear and marketable .

4) get settlement deed / revocation deed vetted by a local lawyer

1) Section 126 specifies circumstances under

which a gift can be suspended or revoked :-

"126. When gift may be suspended or revoked. The

donor and donee may agree that on the happening of any

specified event which does not depend on the will of the

donor a gift shall be suspended or revoked; but a gift which

the parties agree shall be revocable wholly or in part, at the

mere will of the donor, is void wholly or in part, as the case

may be.

A gift may also be revoked in any of the cases (save want or

failure of consideration) in which, if it were a contract, it

might be rescinded.

2) Section 127 throws light on the question of validity of transfer

of property by gift to a minor. It recognises minor's capacity to

accept the gift without intervention of guardian, if it is possible, or

through him.

"127. Onerous gifts Where a gift is in the form of a single

transfer to the same person of several things of which one is,

and the others are not burdened by an obligation, the donee

can take nothing by the gift unless he accepts it fully.

Where a gift is in the form of two or more separate and

independent transfers to the same person of several things,

the donee is at liberty to accept one of them and refuse the

others, although the former may be beneficial and the latter

onerous.

Onerous gift to disqualified person. A donee not

competent to contract and accepting property burdened by

any obligation is not bound by his acceptance. But if, after

becoming competent to contract and being aware of the

obligation, he retains the property given, he becomes so

bound."

The last part of Section 127, underlined above, clearly indicates

that a minor donee, who can be said to be in law incompetent to

contract under Section 11 of the Contract Act is, however,

competent to accept a non onerous gift. Acceptance of an onerous gift, however, cannot bind the minor. If he accepts the gift during his minority of a property burdened with obligation and on attaining majority does not repudiate but retains it, he would be bound by the obligation attached to it.

3) case of Sundar Bai vs. Anandi Lal [AIR 1983

Allahabad 23], the donee was a child and in the care of the donor

himself. The High Court held that in such circumstance, express

acceptance could not be insisted upon. In the case of Ponnuchami Servai vs. Balasubramanian [AIR 1982 Madras 281], the father himself was the donor and executed a gift deed in favour of his minor son. The parties continued to stay together in the said property even after the gift. In these circumstances it was held that the gift in favour of the minor would be deemed to have been accepted as the father himself was the guardian and had himself executed the gift-deed.

A. Settlement deed can be cancelled by entering all parties who were participated in the same at the time of execution of deed before the Sub Registrar's office.

B. Minor interest can be represented by natural guardian for the benefit of the children or legal necessity subject to permission of the Court. Else minor can question the same within 3 years from the date of attaining majority or date of the knowledge of a transaction subject to condonation of delay from the court.

C. Gift Deed cannot be cancelled once executed by legal manner. However, it can be cancelled by decree of the court.

D. Kindly contact local legal expert for scrutiny of legal documents.

1. Settlement deed can be revoked by the mutual consent of the concerned parties without the intervention of the court.

2. In so far as the deed deals with the rights of the minor a court order is required to revoke it, else the minor can on attaining majority challenge the cancellation deed in the court which can hold it to be illegal.

As advised earlier, get the documents vetted by a lawyer. The final picture which may emerge after the vetting of documents may be at variance with what any of us is projecting now as we have not perused the documents.

1. The revocation of the settlement deed required inclusion of the names of the minors whose names had featured in the settlement deed,

2. So, the subsequent deed executed in connection with the said property is invalid,

3. Buying the said property will be risky.

Yes.Its a ground against promoter,i,e.you too.(not including minors' name)

Thanking you,

1. owner of the property did not give absolute ownership on hid heirs, they have only life interest so thay can't transfer the property or make settlement or revoke after the death of owner. sec 14 of TPA act applicable on this issue and that property can be transfer by the son of last heir alive during life of owner if owner died, means at the time of transfer owner's legal heir were present, that legal heir can't transfer that property because they have only life interest. so settlement done by them are void. if owner alive then he can transfer that property but in your case he is died. minor son of the last heir can transfer that property after attaining age of majority (sec 14 TPA) because property can't be bind for infinite period. person having life interest has no right to alienate by settlement deed.