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Gopal   24 January 2024

Gift deed or settlement deed for transfer of property in west bengal

Asking on behalf of my father. Thank you in advance.


My father's elder brother received whole land as gift from my grandfather's self-acquired property. After years of dispute, he agreed to give/gift a portion to my father.

They just made a gift deed a few weeks back and we are waiting for the next steps of measurement/ mutation. I had to pay a hefty amount for the gift deed. After reading a few threads on this forum I realized we should have gone for the Settlement deed. My question is can we still cancel the gift deed and do a settlement deed? Will the fees paid for gift deed be returned?

Appreciate your response. Thank you very much.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2024

If you have already got the gift deed executed then you cannot unilaterally cancel the same.

Both the donor and the donee have to execute a joint cancellation deed by paying the stamp duty once again.

The stamp duty already paid towards the original gift deed will not be refunded on cancellation.

Dr. J C Vashista (Advocate )     25 January 2024

Unused stamp paper(s) can be surrendered and claimed under the provisions of Stamp Duty Act, 1899

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