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Validity of gift deed
27-Jan-2023 (In Property Law)
After making a gift Deed, if the gifter died after 10 months is that valid deed? Would that deed be nullified If it is being challenged Later ?
The deed of gift is valid for ever, if the Donor is alive or not it is not a question. It may be nullified later in some special circumstances only, but keep it in mind that generally the said deed can not be nullified.
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Can a gift deed be Cancelled after 15 years?
Gift of property is governed by legal provisions
The Indian Contract Act of 1872 governs gifts. The law states that any gift made to the recipient and accepted is final. 27-Mar-2023
What is the Supreme Court Judgement on registered gift deed?
It is useless if the recipient dies before accepting the gift, as it is a bi-lateral transaction between two people. The acceptance of the gift is required before the donor dies or loses his/her ability to give gifts. In this Supreme Court judgement on the Gift Deed, it was stated that acceptance of gifts must be completed before the donor dies or loses his/her capacity to make gifts.
What is the limitation period for challenging a gift deed?
Do I have a time limit to contest a gift deed? Gift deeds can be challenged for up to 3 years after the date of execution, or the date the donee learns about it.
What is the validity of unregistered gift deed?
Indian law states that a deed not registered will be ineffective after 30 years. The Transfer of Property Act 1882 and The Registration Act 1908 both state that a gift of movable property may be made by a signed and witnessed instrument.
if the doner executed the gift deed out of free will without any duress coercion or fraud then the deed is valid even though the doner died after 10 months . . The opposite party has to prove that the deed was made through duress coercion or fraud
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Once it is registered one, it can not be change latter by any party. But this Gift Deed should be registered as per Registration Act. If all criteria complied, no one can challenge it, whether after or before10 months .
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Adv. Swapan Kumar Dutta
Durgapur | 25+ Answers
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In gift deed, there are two parties : 1. Donor not the gifter , 2. Donee i.e, the receiver. In case any property is gifted by any donor who is lawful owner of the property and the gift is made through any registered gift deed before Register, then the gift is complete.
If any property is gifted through regd. valid deed , then the gift is effective, irrespective of the fact that the donor dies immediately after that.
But the gift deed may be challenged on some grounds, such as : donor was not authorised to transfer, property was not properly valued and govy. feeswas not properly paid , etc. That can be challenged by filing civil suit only.
If any property is gifted through regd. valid deed , then the gift is effective, irrespective of the fact that the donor dies immediately after that.
But the gift deed may be challenged on some grounds, such as : donor was not authorised to transfer, property was not properly valued and govy. feeswas not properly paid , etc. That can be challenged by filing civil suit only.
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Adv. Sudip Mukherjee
Asansol | 100+ Answers
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The Gift Deed is valid for life when the donor transfers an immovable or mobile property. Only in the special circumstances listed in this article can it be cancelled. Gift Deeds are valid even if a donor dies immediately after gifting a property.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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