Can a Gift Deed be challenged in India?

हिंदी में पढ़ें
June 17, 2021
By Advocate Chikirsha Mohanty

What is a Gift Deed?

According to section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. Like a sale deed, a gift deed contains details of the property, the transferrer and recipient. But it allows you to transfer ownership without any exchange of money.
Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.

Connect with an expert lawyer for your legal issue

Besides that, once a gift deed is registered in the name of the recipient, only then can she/he apply for mutation of the property. Mutation is necessary to transfer utility connections in the name of the recipient. Also, for the recipient to be able to further transfer the property, a registered gift deed will be required.

Can a Gift Deed be challenged?

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc. Some grounds on which a gift deed can be challenged are stated below:
1. If the consent for transfer of gift was not free,
2. If the gift deed was not executed and registered as per the legal requirements,
3. If either party to the gift was not competent to contract,
4. If the gift is conditional and the condition is not fulfilled by the recipients. In such a case, the gift deed can be revoked.
5. If the gift deed includes any consideration for the gift, such gift deed would not be valid.

What is Suit of Declaration?

A "Declaration" is legal pronouncement by a court of law in respect of a person's right to property or his status.
Any person entitled to any legal character, or to any right to a property may institute a suit against any other person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such a suit ask for any further relief.

Consult:Top Property Lawyers in India

The Suit for declaration is to declare a right of the party/plaintiff and when the right is pertaining to property, the suit is for declaration title/ownership and also for recovery of possession.

What is the procedure of revocation of a Gift Deed?

Section 126 of the Transfer of Property provides for conditions where a gift can be revoked. the following are essential ingredients for revocation of gift:

  • there must be an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;

  • such event must be one which does not depend upon the will of the donor;

  • the condition as to the suspend or revocation should be agreed to by the donee at the time of accepting the gift. And,

  • there must exist a ground , except want or failure of consideration, on which a contract may be rescinded.

  • the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.

  • Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely prohibiting alienation is void in view of the provisions contained in sec. 10.

  • A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be canceled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

    Connect with an expert lawyer for your legal issue

How can a lawyer help in executing a gift deed?

A gift deed being a legal document requires the supervision of a legal expert for the purpose of drafting and executing. A documentation lawyer, owing to his years of experience in handling gift deeds, can guide you through the procedure of drafting and registration of the same. He can get the gift deed drafted on your behalf and can ensure that your other rights or assets are not affected by executing a particular deed. He can make sure that all the legal formalities are fulfilled while gifting property and no legal harm is done to the transferor during the transaction.You can also use LawRato'sFree Legal Adviceservice to get free advice on your case from expert propertylawyers.



Gift deed is given by grandma to youngest son and property belong to eldest son is no more self earned

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
35 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala , Jaipur
21 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka , Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
28 years Experience

Related Articles

Connect with top Property lawyers for your specific issue

Property Law Articles

Daughter has right over Parental Property even if Father died before Hindu Succession (Amendment) Act 2005

Right to Fair Compensation in Land Acquisition

Property Partition Laws in India

How to send a Property Partition Legal Notice?

User Reviews

4.5 - 22 reviews

what are the documents required for gift deed registration?

Abhay on Dec 05, 2021

how to apply for mutation of property received in gift?

Sudhakar on Dec 05, 2021

My property taken in false gift deed How can I get back?

Aman on Jan 07, 2022

Is there a time period for gift deed registration?

Satish on Jan 15, 2022

Well written article. Please share the procedue to register a gift deed.

Abhi on Dec 06, 2021

Very helpful in understanding the law.

Adarsh on Dec 07, 2021

Helped a lot in understanding the law.

Vineet on Jan 09, 2022

nice artcile

Ashutosh on Dec 08, 2021

nice one. Please share more info

Prachi on Dec 02, 2021

thanks for the information

Swetha on Jan 02, 2022

Had a good time reading the article.

Aditi on Jan 16, 2022

It’s a very nice article.

Deepa on Dec 16, 2021

I have a case. Who can I contact?

Chetan on Jan 09, 2022

good article. Very helpful

Prabhakar on Dec 06, 2021

Good work with the article. Solved all my legal queries. Regards.

Satish on Dec 11, 2021

nicely explained. Thanks fro the information

Ranjeet on Dec 25, 2021

very informative. Can you tell more about this

Priyanka on Dec 15, 2021

good work. Keep it up

Ritu on Jan 01, 2022

needed a lawyer….what is the procedure?

Neeraj on Jan 08, 2022

Excellent work. Very helpful for understanding the subject.

Bhanu on Jan 09, 2022

The article is written ver well. Learned a lot about my case through this.

Radha on Dec 12, 2021

helpful in understanding the law

Poonam on Dec 18, 2021