Yes, in certain situations, parents can cancel or revoke a gift deed given to their children, but it depends on the terms of the gift deed and the applicable laws. Generally, once a gift deed is legally executed, registered, and accepted by the child, it cannot be cancelled unilaterally by the parent because a gift is considered a transfer of ownership.
However, a gift deed may be revoked in the following circumstances:
Conditional Gift Deed: If the gift deed contains specific conditions that the child fails to fulfill, the parent may seek cancellation of the gift.
Fraud, Force, or Undue Influence: If the gift deed was executed due to fraud, coercion, misrepresentation, or undue influence, the parent can approach the court to challenge and cancel the deed.
Failure to Maintain Parents: Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, senior citizens may seek cancellation of a gift or property transfer if the child fails to provide basic care and maintenance after receiving the property, provided the transfer was made with such an expectation.
Mutual Agreement: The gift deed can also be cancelled if both the donor (parent) and the recipient (child) agree and complete the required legal formalities.
Parents cannot simply cancel a valid gift deed because they later change their mind. If there is a dispute, they generally need to approach the appropriate court or authority for legal remedies. It is advisable to consult a lawyer to review the gift deed and the specific circumstances before taking any action.
