Gift Deed cancellation
10 months ago
Can an unconditional registered gift deed be cancelled? If the gift deed was done out of pure affection and love can the donor cancel it after 5 years sighting that the gift deed was done by force? Can the donor ask for monetary help because he gifted his portion without any such clause mentioned in the deed?
A.Dear Client,
Section 122 of the Transfer of Property Act 1882 defines a Gift as a voluntary transfer of property made without consideration, by one person (the donor) to another person (the donee), who accepts the gift. Sec. 126 of the Act specify that when the donor and donee 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a registered deed of gift cannot be revoked or cancelled without the Order of a Civil Court declaring that the consent of the donor was obtained by fraud or undue influence. As regards your query, about whether Donor can claim monetary help from the Donee for donating his property to the donee, it is to inform that in the absence of any specific stipulation in the deed of gift, the Donor can not claim financial help from the Donee.
Section 122 of the Transfer of Property Act 1882 defines a Gift as a voluntary transfer of property made without consideration, by one person (the donor) to another person (the donee), who accepts the gift. Sec. 126 of the Act specify that when the donor and donee 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a registered deed of gift cannot be revoked or cancelled without the Order of a Civil Court declaring that the consent of the donor was obtained by fraud or undue influence. As regards your query, about whether Donor can claim monetary help from the Donee for donating his property to the donee, it is to inform that in the absence of any specific stipulation in the deed of gift, the Donor can not claim financial help from the Donee.
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A.Dear client,
Gifts are governed by the Indian Contract Act, 1872. The law provides that any gift that is made and accepted by the donee is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion
Gifts are governed by the Indian Contract Act, 1872. The law provides that any gift that is made and accepted by the donee is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion
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A.Dear client,
Gifts are governed by the Indian Contract Act, 1872. The law provides that any gift that is made and accepted by the donee is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion
Gifts are governed by the Indian Contract Act, 1872. The law provides that any gift that is made and accepted by the donee is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion
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A.Hi client,
Once a git deed is executed and registered , then cancelling it is a very complicated process. You need to have enough strong grounds to cancel a deed like-
1. Both the parties that is donor and donee agreed together can cancel the same.
2. You need to have a court order declaring that such deed was done using forgery,coercion or so.
Once a git deed is executed and registered , then cancelling it is a very complicated process. You need to have enough strong grounds to cancel a deed like-
1. Both the parties that is donor and donee agreed together can cancel the same.
2. You need to have a court order declaring that such deed was done using forgery,coercion or so.
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