Req all lawyers . gift deed cancelled dn wats donee benefit

Hai ankur,

First is the gift deed is registered one. We have to read the executed gift deed . Have the possession is transfered to donee. Whether revenue records has changed in the name of donee.

regards

saravanakumar.D

The donee cannot claim reimbursement of the stamp duty paid for gift deed.

Dear Querist,

First of all there is a lot of difference between a gift deed being revoked or cancelled ? It cannot be revoked on the mere desire of the donor, however it can be cancelled in all the above cases that you've cited by filing a suit for cancellatioon u/s 31 of the Specific Relief Act, the court may order payment of compensation to you in such a suit, though the stamp duty paid is not refundable.

Feel free to talk!

Claim for the refund has to be made as per the applicable laws. Kindly refer to the judgment in the case of Sanman Trade Impex. In that case the refund of stamp duty was ordered. 

Bharat,

pls tell den wats the safe way to transfer property from a mother to daughter (if daughter wants to be on safer side from getting challenge on will by problemetic brother).. some one told me gift deed but dat can also be cancelled and stamp duty also gone . den pls suggest me best choice. ...

@ sarvan , gift deed is registered and signed by both donor n donee. in delhi region. i want to know what do u mean by this... pls tell

Have the possession is transfered to donee. Whether revenue records has changed in the name of donee.

how i notice dat possession is transfered is it in written in deed or what? n wat is revenceue record modification.. help is appreciated to needy

is it true dat apart from donor no one else can challenge or make problem to donee. in case of registered gift deed for immovable property

Bharat sir,

can i ask some question on phone pls if u dnt mind i m ankur from delhi near janakpuri

Please understand that the gift deed will only be cancelled in exceptional circumstances such as the gift is illegal or when the donor is not entitled to gift the property etc. In other words, if the property is ancestral, then the mother will not be eligible to gift the property as per her wish.

Once the gift deed is registered, you have to apply for changes to be made in the revenue records. You have to approach the office of Tahasildar/Talathi for the same.

Mr.Ankur,

                If u r trying to transfer from mother to daughter - gift deed is expensive as you have to pay considerable stamp duty. A settlement deed or family arrangement shall be the proper solution.