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Gift deed cancellation or revoke
23-Mar-2023 (In Civil Law)
Hello Sir,
My aunt gifted me a 2 storey house in Kolkata. Gift deed has been registered according to law and it's unconditional. She is an issue less divorcee and residing on that house. Now some people misguiding my aunt and telling that she had not done the right thing. I have no problem that my aunt is staying on that house and she will live according to her wish. My question is - can anybody challenge or revoke the gift deed including my aunt ? Or anyone can challenge it after her death ? Thanks in advance.
Gift deed can be canceled with mutual consent of the both parties.
Section 126. of the Transfer of Property Act states that ,When gift may be suspended or revoked
The donor and donee may 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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 gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
But without detail discussion proper consult is not possible.
Section 126. of the Transfer of Property Act states that ,When gift may be suspended or revoked
The donor and donee may 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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 gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
But without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Look, in Indian law system anybody can challenge the registered gift deed including your aunt also. But the possibility of their success is just next to impossible as the deed is a registered document. According to my limited knowledge the registered document is a presumption of truth. It should be mentioned here that if anybody can challenge the registered deed then he/she should be filed a suit for declaration of the registered deed before the civil court. For more information I suggest you to advice from an advocate. thanks.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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