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Dinesh Khadtare   27 May 2016

Gift deed

My father has given one flat to my brother via Gift Deed two years back.( it was done forcefully)

Now my brother and his wife are threatening my father to transfer another one flat to their name.

So my father is willing to cancel Gift deed which was made earlier.

Can it be done? 



Learning

 3 Replies

Kumar Doab (FIN)     27 May 2016

Anything that is by coercion, force, intimidation is illegal.

Gift deed can be  canelled by consent of  both Donor and Donee.

This time ask your father not to succumb to any pressure.

Record the transactions (audio/visual/witnessed/minuted).

To cancell Gift consult an able counsel with all docs on record.

G.L.N. Prasad (Retired employee.)     28 May 2016

The prescribed limitation period for litigation is three years from date of such execution.  The entire process including mutation, payment of taxes, possession has to be gone into including rights of your father to gift the property when he is having legal heirs.  It is always better to be in touch with a local advocate.  Now every one is having a Family doctor and not a family advocate and it is time to identify one for such consultations and guidance.

P. Venu (Advocate)     28 May 2016

"it was done forcefully", How? Please provide the material facts.


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