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Bela Sarkar (Owner)     26 December 2011

Cancellation of gift deed

Hello

I am a 71 years old woman. I was an employee in a public sector company. I built a house with all my savings. Later my daughter and her husband forced me to gift her the property in 2006.  In the gift deed, the worth of the house was declared less ( under-valued) to reduce the registartion fees. At that time, the worth of the house was 15 lakh. However, in the gift deed, the value was mentioned as 4 lakhs only.  Now my daughter is making my life miserable. She wants to sell off the poperty and throw me out of the house. Can I cancel the deed on the ground of falsified data. Please suggest what to do. 



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 1 Replies

RANGA RAO BORRA (Supdt..)     26 December 2011

As per Tranfer of Property Act Sec.126

When gift may be suspended or revoked
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.

Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.


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