Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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guest (advocate)     22 August 2008

Gift Deed - Validity

Dear Members,

Can any body suggest me about the validity of Registered Gift Deed. Whether the gift deed once registered can be taken back or cancelled by the Donor? Please advice me at the earliest.

Thanking you.



Learning

 17 Replies

GOPI KRISHNA (ADVOCATE)     22 August 2008

Gift deed can't be cancelled by Donor and if at all it had to be cancelled, it shall be before the court of law

kashi nath shukla (advocate, )     22 August 2008

  GIft deed once registered before sub registrar/registering authority may not be cancelledby the donor.It may not be taken back. It may  only be cancelled by competent court of law / civil court.

Krishnan Venkatachalam (Legal professional)     22 August 2008

Dear friend,


 


 


 


The gift deed in case of immovable property can not be revoked by the donor once executed or registered with the register office. It can be nullified only through court under certain circumstances like the donor executing the gift deed forced by donee  by way of fraud, misrepresentation,coercion and undue influence, but the onus of proving the exceptional circumstances under which the giftee was executed lies with the donor.


 


 

RAM DEO KAKRA (ADVOCATE )     22 August 2008

it apprears that gift relates to immovabale property and once u registered it u can not revoke it. go trough the gift deed u declare that it is irrevocable in the gift deed itself . court matter also cannot help u.

kashi nath shukla (advocate, )     24 August 2008

i am in full agreement withthe advice given by KRISHNAN VENKATACHALAM

prof s c pratihar ( urologist &legal studies)     31 August 2008

in normal circumstances gift deed is irrevocable even by civil court.try for opportunities where donne again make a gift of the same property to you.some times this also happens.drscpratihar

mastanrao.bhogadi (advocate)     16 September 2008

Dear  sir,


 


Being an advocate you might have been awere that  validity of Registered Gift deed .


 


For  regisration of gifts the rule is not one and the same for Hindus and Muslims. After the gift was acted upon in normal cases the gift is irrevocable.


 


 

CSSR Venugopal (advocate)     28 September 2008

Try to understand what is the object of GIFT in TP ACT.Wether gift  is revocable? ,If the very purpose of gift is defeated i.e if the donee is a trust if the trust did not fullfill the purpose of gift and used the property other than purpose mentioned in the deed it can be revocable as it is one of the exceptional cicumstances for revocation and also fallow  as per the advice given by Mr Krishnan Venkatachalam with regard to procedure of revocation.. 

M. Sahul Hameed (Advocate Profession)     07 December 2008

The register gift deed cannot be revoke by the donor but it has to be nullified by the court o law in certain circumstances, the donee comitted a fraud for creating and fabricating donor's signature and misrepresentaion, mischief, coercion, undue influence or complesion but theallegations are proved by the donor.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

 GIft deed once registered before sub registrar/registering authority may not be cancelledby the donor.It may not be taken back. It may  only be cancelled by competent court of law / civil court.

Y V Vishweshwar Rao (Advocate )     21 March 2009

 


Registered Gift Deed is valid


The  Donor can not cancell the Regd Gift Deed


If bothe  donor & Donee interested they  can together cancel the Gift .


If there  is Fraud &  undue influence   while   execting the & Registering Deed   the same to be delcared by Civil Court 

S.PRANOYSHUBHRA (Advocate)     21 March 2009

 Gift is complete only when the Donee accepts the Gift and in my view it is difficult to get it cancelled.

M. Sahul Hameed (Advocate Profession)     21 March 2009

For a valid gift deed the following  conditions must be fulfilled.


1. With out consideration.


2. Unconditional


3. Acceptance cuppled with physical possession., if all these conditions ar fulfiuled  the the gift deed irrevocable even by court of law.

M. Sahul Hameed (Advocate Profession)     21 March 2009

For a valid gift deed the following  conditions must be fulfilled.


1. With out consideration.


2. Unconditional


3. Acceptance cuppled with physical possession., if all these conditions ar fulfiuled  the the gift deed irrevocable even by court of law.


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