How can we change a Witness in an already executed gift deed


I had a property in my name and gave it to my mother via a gift deed. Now I had some issue with one of the 2 witnesses on the gift deed and he says that remove my name from the witness and get some other witness. What is the procedure to change witness and cost for the same? I had earlier spend around 50-60k for the gift deed.

Answers (1)


250 votes


As you are the maker of the gift deed you have the option of cancelling the gift deed with the consent of the donee, which in your case is your mother.


And make a fresh gift deed. 

And to avoid future clashes with the witnesses, we would like to suggest you that it is better to register a gift deed as by the process of registering the gift deed the Sub Divisional Magistrate (SDM) becomes the witness of the deed.
 


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