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How to cancel gift deed registered by force
28-Aug-2023 (In Property Law)
My mother gifted house to my sister due to her compeling. Now she want to cancel the gift deed. How to do that?
A gift deed can not be reversed or cancelled by the donor once it is given to the donee. However, Cancelling a gift deed will be done by the registration department only by the order of a competent court. For this Your mother have to file a case against your sister saying that, your mother had signed the gift deed due to force and coercion. This can be establish by circumstantial evidences. Once a case was registered you should take further action like sending the court notice to the registration department informing not to make any further registration on the property without the decision (outcome) of the court. you can even file a petition to pay the rental income/profit from the property before the court if the property is rented.
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Adv. GP Vijay
Chennai | 200+ Answers
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What is the Supreme Court decision on cancellation of gift deed?
The Supreme Court also ruled that a donors change of mind cannot invalidate a gift deed. In the case Sudesh Chakkara v. Ramti Dev
How do you do a deed cancellation?
A civil court can cancel a sale deed under Specific Relief Act: HC. The HC ruled that a duly signed sales deed can be cancelled at the seller's request by a civil judge, according to Section 31 of Specific Relief Act. 10-Oct-2023
What are the grounds for cancellation of the gift deed?
Gift deeds are incomplete if they have not been registered, staff duties are insufficiently paid, the attestation is incorrect, the donee does not sign the deed or refuses to accept it. 27-Apr-2023
Can parents revoke gift deed?
If, for example, a property was transferred to children by their parent via a Gift Deed. A Gift Deed can't be cancelled or revoked unilaterally until the grounds for cancellation are established. The grounds for revocation are extremely circumspect and difficult to prove before a court. 08-Feb-2023
If your sister had accepted the gift by taking possession of the house and is enjoying its possession, and if the gift deed was duly registered in your sister's name, nothing can be done now legally for cancellation of the gift.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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The right to cancel a gift deed allows the donor to take possession of property if a certain event occurs or if the recipient fails to meet a condition. The donor has only three years to cancel the gift transaction after the date of the event.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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