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ankur (Trainer)     10 April 2012

Req all lawyers . gift deed cancelled dn wats donee benefit

dear sir n req to all lawers pls reply

some are saying a gift deed can not be cancelled den whts dis,,

A gift deed transfers the ownership of real property to a new owner for no consideration. The former owner no longer has any authority over the property. It has a new owner. The deed cannot be "cancelled" by the former owner.
A gift deed can be nullified by a court order for several reasons that include the following:

  • undue influence
  • fraud or forgery
  • conveyance to avoid creditors
  • alterations in deed after execution

pls reply dat if donee has paid stamp duty in case of transfer of property den on cancellation his money paid for stamp duty goes null. hey is that our law...


 11 Replies

saravanakumar (Lawyer)     10 April 2012

Hai ankur,


First is the gift deed is registered one. We have to read the executed gift deed . Have the possession is transfered to donee. Whether revenue records has changed in the name of donee.




Deepak Nair (lawyer)     10 April 2012

The donee cannot claim reimbursement of the stamp duty paid for gift deed.

Adv.R.P.Chugh (Advocate/Legal Consultant (     10 April 2012

Dear Querist,


First of all there is a lot of difference between a gift deed being revoked or cancelled ? It cannot be revoked on the mere desire of the donor, however it can be cancelled in all the above cases that you've cited by filing a suit for cancellatioon u/s 31 of the Specific Relief Act, the court may order payment of compensation to you in such a suit, though the stamp duty paid is not refundable.


Feel free to talk!

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Claim for the refund has to be made as per the applicable laws. Kindly refer to the judgment in the case of Sanman Trade Impex. In that case the refund of stamp duty was ordered. 

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ankur (Trainer)     10 April 2012



pls tell den wats the safe way to transfer property from a mother to daughter (if daughter wants to be on safer side from getting challenge on will by problemetic brother).. some one told me gift deed but dat can also be cancelled and stamp duty also gone . den pls suggest me best choice. ...

ankur (Trainer)     10 April 2012

@ sarvan , gift deed is registered and signed by both donor n donee. in delhi region. i want to know what do u mean by this... pls tell


Have the possession is transfered to donee. Whether revenue records has changed in the name of donee.


how i notice dat possession is transfered is it in written in deed or what? n wat is revenceue record modification.. help is appreciated to needy

ankur (Trainer)     10 April 2012

is it true dat apart from donor no one else can challenge or make problem to donee. in case of registered gift deed for immovable property

ankur (Trainer)     10 April 2012

Bharat sir,

can i ask some question on phone pls if u dnt mind i m ankur from delhi near janakpuri

Deepak Nair (lawyer)     12 April 2012

Please understand that the gift deed will only be cancelled in exceptional circumstances such as the gift is illegal or when the donor is not entitled to gift the property etc. In other words, if the property is ancestral, then the mother will not be eligible to gift the property as per her wish.

Once the gift deed is registered, you have to apply for changes to be made in the revenue records. You have to approach the office of Tahasildar/Talathi for the same.

ankur (Trainer)     12 April 2012

deepk sir wow great reply n total info givenn.patwari abhi b hote h

JT Rajasuriya, Chennai (Advocate 98410 53790)     14 April 2012


                If u r trying to transfer from mother to daughter - gift deed is expensive as you have to pay considerable stamp duty. A settlement deed or family arrangement shall be the proper solution.

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