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Can a gift deed be challenged.........................................
28-Jan-2023 (In Property Law)
When my grandfather (HINDU) died, he has 3 sons and 2 daughter. There was no proper will made by him. After few years 2 brothers and both daughters gifted the property to elder brother. There was no consideration and deed was properly registered. This happened in 2007. There is no clause as per sec 126 of Transfer property act which makes any condition for revocation. After 10 years can they challenge the gift deed individually or all together? can misappropriation be a ground for it? If they can challenge it is there any solution to it? such as transfer of gifter property? THANK U
As the revocation deed was properly registered, it will be very difficult for 2 brothers and both daughters to challenge the same now. The elder brother in whose name the revocation deed was registered had already become the absolute owner in 2007. Now it will be a futile litigation on the part of others to question the deed which was signed by themselves and properly registered with the registrar's office. No misappropriation can be a ground for such challenge.
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Adv. Ankit Tuli
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Is registered gift deed valid?
A gift deed can only be valid if it is registered. This is according to the 1882 Transfer of Property Act. Registration of a Gift Deed requires the signatures of the donor and donee, as well as the attestation (mandatory) by two witnesses. The Gift Deed is only valid if registered at the registrar’s office. 09-Mar-2023
What is the Supreme court Judgement on registered gift deed?
It is useless if the recipient dies before accepting the gift, as it is a bi-lateral transaction between two people. The acceptance of the gift is required before the donor dies or loses his/her ability to give gifts. In this Supreme Court judgement on the Gift Deed, it was stated that acceptance of gifts must be completed before the donor dies or loses his/her capacity to make gifts.
Is mutation necessary for gift deed?
All asset transfers must be completed, including sales, purchases, gifting, inheritances, and purchases through Power of Attorney. 06-Nov-2023
Can a registered gift deed be challenged?
The court can challenge a gift deed if it was prepared by the owner without his consent or if he forced the deed to be made. The gift deed may be revoked if it has additional conditions that are not met.
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