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Gift deed given 10 years back has to be canceled as the person not wil
11-Apr-2023 (In Property Law)
My parents have given a plot as gift deed to my brother 10 years ago, and now they want it back as his character is not good, but he is refusing to give back, can a gift deed be cancelled after 10 years and get the property back?
you are saying that it is 10 years back that the gift deed registered .. which is a long time . in some recent cases Here are instances where gift deeds have been cancelled by order of court . anyway l need to study draft of the gift deed . Send me a photocopy of the same .
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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How do you break a gift deed?
The section 126 defines two ways to revoke a gift: (i). Revocation through mutual consent of the donor and recipient. The second option is to revoke the gift by mutual agreement, as with contracts. Gifts are unconditional and cannot be revoked. Deed of Gift itself.
Can gift deed be challenged after 10 years?
Once executed, a gift deed cannot be rescinded. A Court could get the deed quashed if they can prove it was done by unjust means, such as threats, intimidation or force. A dispute between the donor and recipient will not be enough to have it quashed.
Can sale deed be Cancelled after 10 years?
Specific Relief Act 1963 stipulates a three-year period for cancellation of sale deeds. This is a difficult process that requires experience.
What is the time limit for the cancellation of gift deed?
The gift deed may be revoked on the grounds of fraud and undue influence. After 3 years it will be barred under the law of limitations. G.
Yes , it is possible, you need to file a case for cancellation of deed and to declare the same as null and void, but there is an inordinate delay, which needs to be explained before Hon'ble Court, you have file a separate application for condonation of delay, but don't make delay anymore,act immediately, consult an advocate.
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Adv. Kotresh Hubballi
Dharwad | 25+ Answers
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The maximum period to cancel a Gift Deed, and regain possession, is 12 years, regardless of whether the delay was excused. Trust our legal consultation for peace of mind!
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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