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impact of gift deed cancellation on property ownership


06-Sep-2023 (In Civil Law)
myself and two siblings recd jointly a site . subsequently building constructed and khata made jointly in the name of myself and two siblings. if gift deed is cancelled by mutual agreement of donor and donees , will ownership of property goback to donor? what about the khata, which is in joint names as above.
Answers (5)

Answer #1
902 votes
Gift deed cannot be cancelled by same parties coming to a mutual agreement and signing again on any deed. The only way you can give it back to original owner is to make a reverse gift deed. If it is for a person other tahn a family member stamp duty will be attracted.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

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Answer #2
676 votes
It all depends upon the terms and conditions pf gift deed You have not given the content of gift deed How the donor got the property whether he had right to gift the property Whether gift deed is registered, if so n whose name All the details are required
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Advocate Prof V Narayana Swamy

Adv. Prof V Narayana Swamy

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Answer #3
746 votes
Challenging a Gift Deed, especially a registered gift deed has very limited scope unless the gift deed is forged, conditional etc. Generally, Gift Deed can not be revoked and the property will be in your (donee)name.
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Answer #4
573 votes
Hi, once the gift deed is cancelled by mutual agreement of donor and donees, then it shall be the right of the donor to get the change in khata effected as per the cancellation agreement. Hence the Khata which stands in the joint name for the taxation purposes shall be changed in the books of the revenue authorities.
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Advocate Rajesh Kumar K

Adv. Rajesh Kumar K

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Answer #5
801 votes
All expenses incurred by non party to the gift is entitled to refund. Issue legal notice and then file a suit the court will decide the amount to be paid back. You may even claim damages for misleading you
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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