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Can a gift deed to transfer property be cancelled
25-Apr-2023 (In Property Law)
Situation: My parent has given me gift of a property long back in 2004 by registering the property in my name. Question: Can this be contested by my Brother ? Can parent revoke this now ? The property document are with my Parent. In case they are not willing to give the property document what option I have now?
Dear Querist, IS the Gift Deed a Registered document, as same is compulsory under law. and also the conditions for execution a gift under section 122 and 123 of the Transfer of Property Act.
Ans 1. for sake of filing a proceedings, yes your brother can file.. No one can stop him..
Ans 2. No. your parents cannot revoke that unless there is any specific event to be occurred by you in the Gift deed.
Ans 3. What about the Possession of the Property? If possession is with you, then even if your parents desire, they cannot revoke or cancel the Gift Deed.
Ans 4. On the basis of certified copy of xerox enter your name on the property records and if your parents file a suit for cancellation of Gift deed, contest and defend it.
Please feel free to call us, if any further queries.
Regards,
Rakesh V. Misar
Ans 1. for sake of filing a proceedings, yes your brother can file.. No one can stop him..
Ans 2. No. your parents cannot revoke that unless there is any specific event to be occurred by you in the Gift deed.
Ans 3. What about the Possession of the Property? If possession is with you, then even if your parents desire, they cannot revoke or cancel the Gift Deed.
Ans 4. On the basis of certified copy of xerox enter your name on the property records and if your parents file a suit for cancellation of Gift deed, contest and defend it.
Please feel free to call us, if any further queries.
Regards,
Rakesh V. Misar
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Adv. Rakesh Misar
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