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prasad (executive)     26 January 2023

Possibilities of cancellation of any kind of gift deed - reg.

Dear Sir/Madam,

I hope that my following queries will be clarified at the earliest please : 

(1) Can any kind of  Gift Deed ( property type : House) be cancelled even after 16 years of execution of the deed. If so, on what grounds.

(2) Can  a Donee of a gift deed (Property type : House) be again gift the gifted property to his/her spouse.

(3) Can a Donee obtain mortgage loan on a property (Type of Property : House) on certified copy of the Gift Deed.

Thanking you

 

 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 January 2023

(1) Can any kind of  Gift Deed ( property type : House) be cancelled even after 16 years of execution of the deed. If so, on what grounds.: ANS:  If the donor and donee execute the cancelation of gift deed, it is valid and other wise not valid.

(2) Can  a Donee of a gift deed (Property type : House) be again gift the gifted property to his/her spouse.: If the previous gift deed is cancelled by both the donee and donor, then the donor can gift it to other party.

(3) Can a Donee obtain mortgage loan on a property (Type of Property : House) on certified copy of the Gift Deed.: ANS: No bank loan can be sanctioned on the copy of a document.

Dr J C Vashista (Advocate)     27 January 2023

(1) Can any kind of  Gift Deed ( property type : House) be cancelled even after 16 years of execution of the deed. If so, on what grounds.

Ans: Yes, grounds may vary from time to time and party to party. There is no straight jacket formula.

(2) Can  a Donee of a gift deed (Property type : House) be again gift the gifted property to his/her spouse.

Ans: It depends upon facts and circumstances and relation with spouse.

(3) Can a Donee obtain mortgage loan on a property (Type of Property : House) on certified copy of the Gift Deed.

Ans: Gift and mortgage are two different legal prepositions, be clear qua facts vis-a-vis question.


You have posted 3 questions in the paper set for examination without providing necessary facts required to correlate with the question paper.

Advocate Bhartesh goyal (advocate)     27 January 2023

 ( 1 ) Gift deed can be cancelled by civil court only on ground of fraud and not on any other ground.

 ( 2 ) yes, Donee can further gift the property as per his wish to anyone as after obtaining property in gift he became absolute owner of property.

 ( 3 ) No, Banks or Financial Institutes always sanction loan on original title deed.

Shashi Dhara   27 January 2023

If he is senior citizen he can file petition to concerned authority to cancel gift if he is mistreated   others has to approach civil court ,if donor gives consent then loan may be sanctioned,gift is on love and affection .

Swarnim Tripathi   30 January 2023

there is a 3 years limitation period for challenging the gift deed from the date of execution.
the latter on the gift deed may not be challenged except on the grounds of fraud or duress.

sahithi reddy   31 January 2023

(1) A civil court may cancel a gift deed solely on the basis of fraud and not on any other grounds.

(2) Yes, Donee can continue to present the property to anyone he wishes, as he becomes the absolute owner of the land after receiving it in gift.

(3) No, banks and financial institutions always approve loans based on original title deeds.


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