Gift deed
Ravi Kumar
(Querist) 25 August 2013
This query is : Resolved
Dear Sir,
I like to know that, if a donor can cancel the gift deed that he has given after 3 years from date of deed registration, he as given that property willing to the donee and now field a suit in the court saying that donee has agreed to pay a sum at registration time and he failed to pay in the said period. There is no physical evidence to prove that claim, and one of the signed witness is dead and the second witness is son of the donee.
And a like to know what is period where donor can cancel gift deed in court of law with no arguments if any provision is there in law.
M.Sheik Mohammed Ali
(Expert) 25 August 2013
As per law gift made it, no one revoke, except some cause, by force or threatning and illigal activities.
Raj Kumar Makkad
(Expert) 25 August 2013
There is no possibility to revoke the gift deed by the donor.
prabhakar singh
(Expert) 26 August 2013
That would be suit of cancellation of gift based on fraud played upon donor by the donee whose result would depend on the evidence of that case,donor proves his
case or fails.We are not here to judge
fate of such a case except to say it would be very hard case for plaintiff to prove.
Ravi Kumar
(Querist) 26 August 2013
The Donor claims that he has arranged 3 meetings after the payment period with the local people and the Donee has not attended and replied he wont pay the claimed amount to the donor.The Donor is threatening Donne to withdraw the counter arguments filed in the court and also sent local goondas to Donee house, can we complaint to court that donor is threatening and the local police is on the donor.
Ravi Kumar
(Querist) 26 August 2013
What arguments can be put for defending donee .
ajay sethi
(Expert) 26 August 2013
if donee is being thretened by donor goondas he should file police complaint against donor . he should not with draw reply filed in court
Rajendra K Goyal
(Expert) 26 August 2013
Gift can not be revoked easily and the grounds for successful revoke would be very difficult to prove by the donor.
For Goondas, police complaint is the solution.
Raj Kumar Makkad
(Expert) 27 August 2013
Non-payment of agreed amount is not a ground to revoke the gift as the consideration of money cannot be mentioned in the gift deed and thus the possibility of revocation is remote. so far as goonda force is concerned, force of law and legal machinery is the only remedy against it.
