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can i sell my gifted property which was gifted 21 years back
17-Jul-2023 (In Property Law)
hi sir can i sell my land which was gifted by my brother in 1995 ,it is registered on my name all the document are with my name like. tax,ec,each and every thing are there any chances to stop me from selling
Hi
Since your brother executed a registered gift deed in your name in the year 1995 and also that the electricity bills, property tax etc are in your name, there are no chances of your brother or any one else from claiming the land now.
if at all your brother wanted to cancel the gift deed he should have cancelled the Gift deed by 1998(3 years)
Now that it is more 21 years since the Gift was made the Gift cannot be challenged now.
So you can go ahead and deal with the property in whatsoever manner you wish.
No Worries.
Since your brother executed a registered gift deed in your name in the year 1995 and also that the electricity bills, property tax etc are in your name, there are no chances of your brother or any one else from claiming the land now.
if at all your brother wanted to cancel the gift deed he should have cancelled the Gift deed by 1998(3 years)
Now that it is more 21 years since the Gift was made the Gift cannot be challenged now.
So you can go ahead and deal with the property in whatsoever manner you wish.
No Worries.
Helpful?
30+
30+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Can gifted property be taken back by parents?
The Indian High Court has ruled that parents have the right to take back their property. The nature of the gift and the applicable legal provisions, as well as the conditions and terms under which it was given, will determine whether parents can take back their property. 31-Oct-2022
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.
Can we take back gift deed?
According to Section 126 of the Transfer of Property Act (TPA), the gift may be revoked if certain conditions are met. Revocation is based on the following elements: The Gift Deed must be cancelled if both parties agree after the fact.
Can gifted property be taken back from brother?
You cannot claim the gift. It is the property of your brother if the gift transaction between your father and your brother was completed in a legal manner. Anyone can give their property to anyone they like.
HI,
you can sell the property as per your will and wish,
but here are some important points which you are not mentioned.
whether that gift is conditional gift or your brother given that land for the purpose of enjoyment only
not for the sale.
if there is any particular condition or wish by the donor, in all these circumstances you can not sell the property
otherwise you can sell the property.
you can sell the property as per your will and wish,
but here are some important points which you are not mentioned.
whether that gift is conditional gift or your brother given that land for the purpose of enjoyment only
not for the sale.
if there is any particular condition or wish by the donor, in all these circumstances you can not sell the property
otherwise you can sell the property.
Helpful?
28+
28+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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