GIFT DEED cancelling

Querist : Anonymous (Querist) 11 December 2010 This query is : Resolved
A GIFT DEED WAS MADE WITHOUT THE KNOWLEDGE OF THE GIVER and GIFT DEED had been registered.
1.how to cancel that GIFT DEED?
2. what are those conditions canceling GIFT DEED?

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adv. rajeev ( rajoo ) (Expert) 11 December 2010
File a suit for cancellation of gift deed.

Advocate Bhartesh goyal (Expert) 11 December 2010
You have to file a suit for cancelllation of gift deed on the ground of fraud and coercen.

Selva Kumar (Expert) 11 December 2010
agree with goyal

Rajeev kulshreshtha (Expert) 11 December 2010
Challenge The Gift Deed in Civil Court .

N.K.Assumi (Expert) 11 December 2010
A person contests a will by filing the relevant documents with the probate court. The person normally must be "interested" that is, must be an heir under the will or at law. There are time limits for contesting a will, and they vary by state to state laws.
You must have grounds to have a chance of successfully contesting a will. Unhappiness with the proposed distribution of property is not a valid ground. Valid grounds depend on state law. Incapacity, fraud, undue influence and duress are the most common grounds.

N.K.Assumi (Expert) 11 December 2010
Sorry for the wrong posting in gift cancellation.

N.K.Assumi (Expert) 11 December 2010
Gift deed can not be valid unless it is accepted by the Donee, and if the donee dies before acceptance the gift is void.

s.subramanian (Expert) 11 December 2010
I agree with Mr.rajoo.

Kirti Kar Tripathi (Expert) 11 December 2010
I agree with Mr. N.K.Assumi, in case the property is not passed into the hand of donee, the gift is not completed. thus the doner has right to keep the property in his hand. however, it will be appropriate to get declaration from court in this regard.

Uma parameswaran (Expert) 11 December 2010
Even though it is not accepted by the donee it is necessary to cancel by filing suit.

Sathyan A.R. (Expert) 11 December 2010
though the question of acceptance make the gift complete by virtue of the definition
yet the cancellation of the gift once registered has to be through the court only,

once the gift is made and the gifted property is taken possession then the question of revocation of gift does not arise. A separate suit for re possession has to be made.

Devajyoti Barman (Expert) 12 December 2010
The suit for declaration of the gift deed as null and void and also for possession is the relef.

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