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Rohit (Executive)     09 December 2009

Gift Deed Clarification Required

Can a father cancel a gift deed given to son which is not registered but  signed by a notory ?

Help provided would be appreciated !



Learning

 3 Replies

Vineet (Director)     09 December 2009

The gift deed involving immovable property needs to be registered after payment of applicable stamp duty.

kranthi kiran (Works In Judicial Department)     09 December 2009

As the earlier deed is un-registered one, it does not create any valid title on the donee. So it can be cancelled without any hesitation. It is mandatory under the Transfer of  Property Act coupled with HIndu Succecssion Act to effect the  Gift through ar Registered. Deed only.

rajkumar.vnm.marupeddi (advocate)     19 December 2009

An unregistered Gift Deed is inadmissible and not valid in a Court of law and it can not be marked as Exhibit. No legal right, title is coneveyed by virtue of the said Gift Deed. I opine that the such doucment  may be used to prove the possession. You did not give data with regard to delivery of possession of the said property. I guess that the unregd Gift deed is in the Custody of Donee. A father can not seek for the cancellation of the said Gift, beacause the Original is not in his possession. you also did not state anything about the delivery of Gift Deed or Possession of the property. Further, basing on the above said Gift Deed, the donee  can not file any  suit for relief. You also did not give whether mutation of names in tax records of Government. If you feel it is urgen, you scan and attach the said gift deed and mail to my e-mail address so as to enable me to give a proper advise. 

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