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Procedure to revoke gift deed of property once made
11-Nov-2023 (In Property Law)
My wife has gifted a property to her sister through gift deed just 10 days before now she wants to take back that property so on what ground she can fight the case and please tell us can gift deed be revoked?
Once a property is gifted by your wife and has been accepted by her sister , the gift deed can not be revoked. The gift can be revoked only when there is an agreement between your wife and her sister that on the happening of any specified event which does not depend on the will your wife, a gift shall be suspended or revoked.
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Adv. M M Ganapathy
Bangalore | 25+ Answers
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What is the Supreme Court Judgement on registered gift deeds?
This essential has been defined better by the Supreme Courts judgment on Gift Deeds. In the case Munni Mahto v. Chandeshwar Mahto, the court decided that the gifting of a part of the joint family which was the donors portion under the preliminary partition order must be accepted.
Under what circumstances can a gift deed be revoked?
Section 126 Property Transfer Act allows for the revocation of a gift deed. The gift deed can be rejected if a person is found unsound of mind or made the deed with the intention of monetary gain or any other motive, or if they do not own the property or are in the process to acquire it. 6 days ago
Can a gifted property be taken back?
According to the law, any gift made and accepted is final. It cannot be rescinded. If all conditions for a valid gift have been met, then the gift cannot be revoked by the donor unless the consent was obtained through fraud, coercion or undue influence. 27 Mar 2023
Can gift deed be challenged by legal heirs?
The Gift deed is invalid if it was not registered and performed in accordance with the legal requirements. It can be challenged before the Court. If either party was unable to contract, the gift deed is invalid and can be challenged by the court.
If the Gift deed is registered then your wife has to file a civil suit before the jurisdictional city civil court for revocation of gift. It cannot be done through Sub Registrar Court. So contact any advocate if it is an registered deed to revoke the same before court
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Hello,
Gift once given cannot be revoked. Gift deed s irrevocable. So once the gift deed s registered it becomes the sole property of the donee I.e., person who received the gift.
But in case if the said deed was registered due to threat fraud or by force then it can be revoked and the same has to be proved before the court.
You will have to file a declaration suit saying the said gift deed s null and void and not binding on me.
Gift once given cannot be revoked. Gift deed s irrevocable. So once the gift deed s registered it becomes the sole property of the donee I.e., person who received the gift.
But in case if the said deed was registered due to threat fraud or by force then it can be revoked and the same has to be proved before the court.
You will have to file a declaration suit saying the said gift deed s null and void and not binding on me.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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A gift is not revocable, except as stated above. This section does not affect the rights or transferees of consideration.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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