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ashok   10 November 2016

Gift deed

a piece of land was given by a person to a girl who is not related to him by way of gift deed (unconditional) in the year 2011 can his own children can challange the said gift deed in the court in the year 2016 as they now came to know about gift deed


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 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 November 2016

If the property is self acquired, then it is his will to give the property to any one. if it is ancestral then his share only be given.

1 Like

Kumar Doab (FIN)     10 November 2016

Gift is complete when accepted by donee.

If gift deed is valid/registered then donor and donee could have cancelled with thier consent.

 

If gift deed was under coercion, force then court alone can revoke the gift.

The donor has to come forward.

 

1 Like

adv.bharat @ PUNE (Lawyer)     10 November 2016

Agreed with expert opinion.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 November 2016

The challenge can only be raised if at all some legality pertaining to the said gift arises. Otherwise merely because the donee was not related to the donor ,the transaction is not liable to be cancelled. Augustine Chatterjee 9999931153
1 Like

Ms.Usha Kapoor (CEO)     11 November 2016

If it is ancestral only his  share he can  gift away. If the property is self acquired he can  gift the property  to any one he wants. There is no bar as such.The girl enjoys absolute ownership rights with respect to the gifted property to the  exclusion of  every one else including his/children children.If you appreciate this answer plese click the thnak you  button on my forum.

1 Like

Sudhir U Bandekar (LL.M)     11 November 2016

I agree with the oinion of Ms. Usha Kappoor but the gift deed must be adequately stamped and registered with concerned authorities.

 

Sudhir U Bandekar (LL.M)     11 November 2016

I agree with the oinion of Ms. Usha Kappoor but the gift deed must be adequately stamped and registered with concerned authorities.

 

Kumar Doab (FIN)     11 November 2016

Is donor alive?

Is donor willing to come forward to complain, after 5 years?

 


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