Property Law Videos - Can a gift deed be challenged in India?

Sec 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. As per a legal requirement, the receiver should accept the gift during the lifetime of the donor. The gift transfer is valid only if the donee accepts the gift property which is validated by taking possession of it. The registration process takes place according to the registration act of 1908. The title transfer can be performed only on the registered property. At least two witnesses should attest in the gift deed agreement. Usually the number of witnesses changes from place to place. After the payment of stamp duty and transfer duty charges, the property can be registered. The stamp duty differs from one state to another. Once the registration is over, the title can be changed.

Thus the property can be transferred from one person to another through the gift deed agreement.

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. 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.

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