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Procedure for Gift deed cancellation
29-Nov-2023 (In Documentation Law)
My father is trying to revoke the gift deed done in favour of mom, which is registered deed. We have family disputes. So, if it happens we become totally helpless. What can be done now?
) once gift deed is made you are 50%owner of property . title of property passes on from donor to donee .
2) cancellation of gift deed can be made with mutual consent of parties .
3)deed of cancellation has to be executed in this regard duy stamped and regsitered .
4)before you go in for cancellation please check whether other banks will sanction loan
5) since your wife is home maker no bank will sanction loan as she has no repayment capacity .
6) hence you have to be co applicant and for that property has to be in your name as co owner atleast
2) cancellation of gift deed can be made with mutual consent of parties .
3)deed of cancellation has to be executed in this regard duy stamped and regsitered .
4)before you go in for cancellation please check whether other banks will sanction loan
5) since your wife is home maker no bank will sanction loan as she has no repayment capacity .
6) hence you have to be co applicant and for that property has to be in your name as co owner atleast
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Can registered gift deed be challenged?
The court can challenge a gift deed if it was prepared by the owner without his consent or if he forced the owner to do so. The gift deed may be revoked if it has additional conditions that are not met.
Can gifted property be taken back?
According to the law, any gift made and accepted by a donee cannot be revoked. If all conditions for a valid gift have been met, then the donor cannot revoke the gift later, unless the consent was obtained through fraud, coercion or undue influence. 27-Mar-2023
What makes a deed of gift invalid?
The Gift deed is invalid if it was not registered and performed in accordance with the legal requirements. It can be challenged before the Court. If either party was unable to contract, the gift deed is invalid and can be challenged by the court.
What is the limitation for cancellation of gift deed?
Article 59, Limitation Act of 1963, states that a person seeking to cancel the Gift Deed (the plaintiff) will have three years to act from the date he or her learns the facts which entitle him or her to do so.
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