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NRV   06 October 2021

Unilaterally cancel gift deed, what will happen?

We are going to cancel a gift deed unilaterally which was not utilizing by donee from long back, mentioning gift conditions not fulfill by donee, what can do donee legally?


 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 October 2021

Hello,

You have to send legal notice for cancellation of gift deed and thereafter you have to approach civil court and get the court order for cancellation of gift deed. 

Advocate Bhartesh goyal (advocate)     06 October 2021

You can not cancel gift deed unilaterally by your self for cancellations you have to file civil suit for cancellation of gift deed ,

NRV   06 October 2021

we don't file civil suit for cancellation, If sub-registrar allow cancellation deed, we cancel it!!...donee will go to court, we say conditions not fulfill so cancelled it, court may cancel our cancellation deed?

Advocate Bhartesh goyal (advocate)     06 October 2021

Sub Registrar has no power to cancel the gift deed.

NRV   06 October 2021

Sir,sub-registrar not cancel deed or not give title, he does only deed registration. We go with deed sub-registrar can't refuse its registration. That cancellation deed valid legally or not decide by court, if donee/liquidator file suit.

Anusha Singh   06 October 2021

As per your query it is understood that you need information about the revocation of the gift deed.

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc. Some grounds on which a gift deed can be challenged are stated below:

1. If the consent for transfer of gift was not free,

2. If the gift deed was not executed and registered as per the legal requirements,

3. If either party to the gift was not competent to contract,

4. If the gift is conditional and the condition is not fulfilled by the recipients. In such a case, the gift deed can be revoked.

5. If the gift deed includes any consideration for the gift, such gift deed would not be valid.

As you have mentioned that the gift deed was conditional and the conditions were not fulfilled by the recipient then the gift deed can be challenged in the Court of law.

You cannot cancel the gift deed unilaterally but to file an appeal in the Court who has the jurisdiction to entertain your appeal to set aside the gift deed.

Hope it helps!

 

Regards,

Anusha Singh

G.L.N. Prasad (Retired employee.)     07 October 2021

Any registered deed can only be canceled by the jurisdictional court alone.


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