Is an unregistered gift deed valid and can be cancelled if valid?
05-Jan-2023 (In Property Law)
Mr. A executed a gift deed gifting immovable property in Mumbai to his son in 2016. The gift deed was not registered and the premises has not been transferred till date. Is an unregistered gift deed valid? And can the gift deed now be cancelled. If so how? and what is supreme court judgement on unregistered gift deed?
unregistered gift deed has no legal sanctity in the eyes of Law. under section 17 of the registration act gift deed of immovable property is required to be compulsory registered.
gift deed if unregistered can be cancelled
gift deed if unregistered can be cancelled
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Gift Deed can not be cancelled unless it is a conditional Gift, 2. Challenge the said so called cancellation of Gift Deed in your favour & further registration of the Gift Deed of the same property
Once the property had been gifted it can't be cancelled without the order of the court, and you can't cancel the gift unless and until order of the court it is better file a suit for cancellation of gift deed in the court and for other appropriate reliefs.
You have to prove the Deed is Not Registered as the proof of Burden lie on You
Once the property had been gifted it can't be cancelled without the order of the court, and you can't cancel the gift unless and until order of the court it is better file a suit for cancellation of gift deed in the court and for other appropriate reliefs.
You have to prove the Deed is Not Registered as the proof of Burden lie on You
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1. An unregistered gift deed is not valid from the point of law .
2. Every immovable property is mandatorily registered if such property value is above Rs.100 or above Rs.1000 .
3. You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court Even if it is Valid .
4. The Registration Act 1908 is not applicable if gift deed is not registered and there is no value in the eyes of law .
2. Every immovable property is mandatorily registered if such property value is above Rs.100 or above Rs.1000 .
3. You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court Even if it is Valid .
4. The Registration Act 1908 is not applicable if gift deed is not registered and there is no value in the eyes of law .
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