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Subhan Sayyed
in Civil Law Property Law
Asked August 15, 2017

Procedure to cancel gift deed

  • 2 Answers

My mother gifted her land to grand sons. Now she wants to cancel the gift deed without any notice to his son. Want to know legal procedure to cancel the gift deed.

Answers 2

A gift deed is a permanent document transfering the title/ownership and all interests over the property from the donor to the donee perpetually. A gift deed is said to be valid only after registration, which is mandatory under S. 122 of the Transfer of Propeorty Act. Once a gift deed is made and registered it cannot be cancelled by the doner without the consent of the donee, The donee can cancel the gift deed and give up his intereset in the said propeorty. Hence, in this case, your mother cannot cancel the gift deed made to  her grandsons, if it is a registered one, without their consent. 

Agree Comment 0 Agrees over 3 years ago

Before embarking upon the trajectory of getting a gift deed cancelled, I would need some more information about the controversy i.e. 1. Whether the said gift deed is signed by both donor and donee? 2. Whether the gift deed is attested by two witnesses? 3. Did your mother get the said gift deed registered in the sub registrar's office? if yes then, 4. Whether your mother has paid the stamp duty on the said gift deed during its registeration?

Even though a gift deed, if validly executed and properly registered, is almost impossible to revoke, there are sitll options, the recourse to which can be taken to nullify the said gift deed.

So, first of all you need to discuss the aforementioned questions with your mother and then contact me and I would be happy to counsel you regarding the recourse which you should take now to get the deed annulled.

Agree Comment 0 Agrees over 3 years ago

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