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Sukhvendra singh (M.D.)     14 January 2021

Legality Of Gift Deed

If any gift deed is registered in Sub Registrar office then can it be challenged by anybody


 4 Replies

Nandini Warrier   14 January 2021

Good evening, There are grounds on which the legality of the registered gift deed can be challenged. A gift deed is an instrument used to transfer immovable property, and hence under the Transfer of Property Act 1882, it should be compulsorily registered. But a gift deed there are conditions on which a gift deed can be made. The deed must not be executed without intention to gift. It also must not be forced, or fraud. These are also the grounds of challenging the registered gift deed. If it is evident, or if it is found out that there was forced influence to create the gift deed, it'll be challenged and considered void. Please refer to these links for more understanding of this topic- https://www.lawyersclubindia.com/articles/gift-deed-7157.asp https://www.nrilegalservices.com/can-gift-deed-challenged-in-india/ https://lawrato.com/indian-kanoon/property-law/can-a-gift-deed-be-challenged-in-india-649 Hope this helped! Regards, Nandini.

G.L.N. Prasad (Retired employee.)     15 January 2021

Every transfer can be challenged legally, and the only ground is obtaining the same on fraud/undue influence. Those may be even threats. Do not be disturbed if you have received that gift in a proper and genuine process.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 January 2021

Grounds for challenging the Gift Deed: Consent was not free. Gift deed not executed and registered as per legal provisions. Parties not competent to contract. Consideration is present. Acceptance not made. If the gift is conditional and the condition is not fulfilled, gift deed can be revoked.

Dr J C Vashista (Lawyer)     16 January 2021

A registered Gift Deed is irrevocable, which may be challanged, but not maintainable.

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