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MONDAY, 22 JUNE 2026

Can court decide to cancel or not cancel a gift deed?

SRIDHAR D'IYER, Caranzalem
Published Mar 10
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In 2018, a grandfather registered and gifted a house built on an 247 sq yard plot to his 40-year-old grandson. Alleging neglect, the grandfather wanted to cancel the deed. Considering the request, the commissioner of the maintenance and welfare of parents, senior citizens and transgender department annulled the document. But the Telangana High Court set aside orders cancelling the gift deed as the department lacked jurisdiction to do so under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. After this verdict, if the grandfather states in his will that the plot should not be gifted to the grandson then will the will be considered the final word vis-à-vis the Act? The moot point is, if a person wants to will a property or change/cancel his/her decision, why should the courts object? Any person has a free will to decide as to how the property and other moveable and immoveable assets should be divided, distributed and disposed. Unless the will is contested or if there is something illegal, only then the courts could step to set right the matters. Entertaining   frivolous cases, as the above, clogs the already overburdened courts.  



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