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Yogesh masi   28 November 2024

Limitation period

Hello Respected advocates 

Greetings for the day 

Can you guide me what exactly is limitation period to cancel a gift deed?

My gift deed was registered in year 2011 and plaintiff coming up with another power of attorney registered in 2021

Does limitation count from 2011 or 2021?

 



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 November 2024

After registration of the Gift deed for some property, that property cannot be transferred to anyone.  If the donor again transferred that property, the donee may approach a civil court.  But the gift deed be verified to form an opinion on this.  Show the documents and related material to a prudent lawyer in your area.

T. Kalaiselvan, Advocate (Advocate)     28 November 2024

The registered gift deed can be cancelled by both the donor and donee jointly executing a cancellation deed within three years from the date of execution of registered gift deed. 

It cannot be revoked at this stage. 

Dr. J C Vashista (Advocate )     29 November 2024

Originally posted by : Yogesh masi
Hello Respected advocates 
Greetings for the day 
Can you guide me what exactly is limitation period to cancel a gift deed?
My gift deed was registered in year 2011 and plaintiff coming up with another power of attorney registered in 2021
Does limitation count from 2011 or 2021?
 

After the Gift has been accepted by donee it is irrevocable. Law of limitation has no relation to the subject query. 

Facts posted are confusing qua correlation of another attorney of plaintiff as stated by you.

N.K.Assumi (Advocate)     30 November 2024

I agree with Dr.J.C.Vash*ta Advocate, that Limitation period does not decide the title, except the Bar of filing suit. Another Moot question is the propertyin issue ie; is the property immovable property or movable property? This is because POA is involve in the query.


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