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satish (self employed)     04 November 2010

Registered Gift Deed is validity

 

 GIft deed registered before sub registrar/registering, Five years before in 2005 Dec

now in 2010 nov, is it possible by the sub registrar/registering authority to cancell the GIft deed or revoke back to doner



Learning

 10 Replies

A V Vishal (Advocate)     05 November 2010

If it a conditional/onerous gift deed then yes.

Ajay kumar singh (Advocate)     05 November 2010

It depends on the contents of the Gift Deed.   Mr. Vishal is correct.

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

If the conditions of the gift deed is violated then donar can revoke it.  but he cannot without any reasons.
 

satish (self employed)     05 November 2010

its not a conditional/onerous gift deed

its a normal Gift deed

Can donor revoke a normal Gift deed through sub registrar/registering authority after 5 years

Or registrar/registering authority, have the powers to cancel or revoke the normal Gift deed

 In favor of donor back, after 5 years

sanjesh prasad (legal profession)     05 November 2010

the sub -registrar /registering authority  cannot cancel the registration deficiency in registration fee or stamp duty is found and due oppertunity to the purchaser is given to make payment of the amount of short.age


(Guest)

Yes the above answers are absoltely correct, the Registrar cannot have power to cancel the gift deed or any other deed even it is having proper stamp duty, the Registrar must issue a notice for payment of the stamp duty to the Donor and after elapse of notice period only he can cancell the instrument.

KRISHNA KUMAR P (SPECIALIST IN FIRE & SAFETY)     22 September 2011

without information to done the cancellation is valid our not  

KRISHNA KUMAR P (SPECIALIST IN FIRE & SAFETY)     22 September 2011

There is any time period for cancellation for gift dead.

sanjesh prasad (legal profession)     22 September 2011

registrar/ sub - registrar cannot suo - motu cacel the gift deed. in case of a conditional gift also the registrar does not have the authority to cancel the deed on its own.

Basavaraj (Asst, Manager-Legal)     23 September 2011

I acknowldge adv. rajeev ( rajoo )'s views. If the conditions of the gift deed is violated then donar can revoke it.  but he cannot without any reasons.
 

No sub-Registrar shall cancel any Registered Deed, he does not have loca standi to cancel it himself, unlessDonar approches him in writing to cancel the Deed, Provided.

I dont agree with Mr. Visahal's views.


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