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Gift deed unconditional to be cancelled with mutual consent
19-Oct-2023 (In Civil Law)
Registered unconditional gift deed to be cancelled all donee and donor are agreed what is the procedure
Gift deed made in year 2002
Sir hi first of all u wiould be seen what is the gift deed and all how many parties are there to deed what are they saying are they fully agreed to cancel it then onyl it Can be cAncelled what are the documents and how many parties are there to deed and all
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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How can a gift be Cancelled?
According to the law, any gift made and accepted is final. It cannot be revoked. If all conditions for a valid gift have been met, then the donor cannot revoke the gift later, except if the consent was obtained through fraud, coercion or undue influence. 27 Mar 2023
How do I cancel a gift deed under Senior Citizen Act?
According to Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, a transfer of property can be declared null if it was made by fraud, coercion or undue pressure. 12 Sept 2023
Can a gift deed be canceled by case law?
The Supreme Court ruled in Sushilaben (2013), that a gift deed could not be cancelled just because the donor had made a will transferring the property to another person. The Court held the will would only take effect after the death of donor and that, therefore, the earlier gift deed would remain valid. 10 Oct 2023
How do I cancel a gift deed?
One of the parties may cancel the Gift Deed by filing a lawsuit for cancellation with minimal court costs. Even if you are not the recipient of the Gift Deed, anyone who wants to declare it invalid must file a Declaration Suit.
Hi. In this instance.
1. After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation. You will have to pay the stamp duty for cancellation and re-registering the fresh gift deed with the appropriate particulars.
Do let me know if you wish to proceed as I would require a few additional details in this aspect.
1. After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation. You will have to pay the stamp duty for cancellation and re-registering the fresh gift deed with the appropriate particulars.
Do let me know if you wish to proceed as I would require a few additional details in this aspect.
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Adv. Anuj Nair
Delhi | 200+ Answers
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A Supreme Court ruling on the cancellation by mutual consent of Gift Deeds states that the cancellation cannot be based on a wish, desire or other subjective factors. The cancellation of Gift Deeds registered under the Senior Citizen Act 2007, can also be revoked.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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