Can a Gift Deed be challenged in India?

हिंदी में पढ़ें
August 03, 2020
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.
 

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.



 

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 Rajesh Rai
Sector-19, Dwarka , Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala , Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1 , Delhi
17 years Experience

Related Articles


Connect with top Property lawyers for your specific issue

Property Law Articles


Right to Fair Compensation in Land Acquisition

Property Partition Laws in India

How to send a Property Partition Legal Notice?

Rights of son in Ancestral Property

User Reviews


4.8 - 23 reviews
J
LawRatoLawRatoLawRatoLawRatoLawRato

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

Jayesh on Jul 26, 2020
R
LawRatoLawRatoLawRatoLawRato

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

Reena on Jul 17, 2020
K
LawRatoLawRatoLawRatoLawRatoLawRato

how to apply for mutation of property received in gift?

Kuldeep on Jul 05, 2020
M
LawRatoLawRatoLawRatoLawRato

what are the documents required for gift deed registration?

Manjunath on Jul 25, 2020
I
LawRatoLawRatoLawRatoLawRatoLawRato

Is there a time period for gift deed registration?

Indu on Jul 04, 2020
K
LawRatoLawRatoLawRatoLawRato

Gave me a very clear idea of the subject.

Kartik on Jun 22, 2020
K
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer?

Kavita on Jul 30, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

Had a good time reading the article.

Anand on Jul 20, 2020
N
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Thanks for the information

Nisha on Jun 27, 2020
R
LawRatoLawRatoLawRatoLawRatoLawRato

Very good article

Robin on Jul 13, 2020
G
LawRatoLawRatoLawRatoLawRato

thanks for the legal advice

Gourav on Jul 18, 2020
K
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the info. How can we contact a lawyer?

Krishna on Jun 28, 2020
M
LawRatoLawRatoLawRatoLawRatoLawRato

thank you for the information

Mandeep on Jul 29, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

can you share your helpline number

Shailendra on Jun 29, 2020
N
LawRatoLawRatoLawRatoLawRato

nice work with the article.

Nisha on Jul 07, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

nicely written

Adarsh on Jul 14, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

good work

Abhijeet on Jul 22, 2020
K
LawRatoLawRatoLawRatoLawRatoLawRato

very detailed and informative

Kishore on Jun 27, 2020
K
LawRatoLawRatoLawRatoLawRatoLawRato

very helpful

Kishor on Jul 02, 2020
G
LawRatoLawRatoLawRatoLawRato

helpful in understanding the law

Gautam on Jul 23, 2020
N
LawRatoLawRatoLawRatoLawRatoLawRato

good work. Keep it up

Narender on Jun 30, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

Nice piece on the subject.

Swapnil on Jul 05, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

loved the way concept is explained. Nicely written for any layman to understand.

Seema on Jul 19, 2020

VIEW ALL