Dear Members,
Can any body suggest me about the validity of Registered Gift Deed. Whether the gift deed once registered can be taken back or cancelled by the Donor? Please advice me at the earliest.
Thanking you.
guest (advocate) 22 August 2008
Dear Members,
Can any body suggest me about the validity of Registered Gift Deed. Whether the gift deed once registered can be taken back or cancelled by the Donor? Please advice me at the earliest.
Thanking you.
GOPI KRISHNA (ADVOCATE) 22 August 2008
Gift deed can't be cancelled by Donor and if at all it had to be cancelled, it shall be before the court of law
kashi nath shukla (advocate, ) 22 August 2008
GIft deed once registered before sub registrar/registering authority may not be cancelledby the donor.It may not be taken back. It may only be cancelled by competent court of law / civil court.
Krishnan Venkatachalam (Legal professional) 22 August 2008
Dear friend,
The gift deed in case of immovable property can not be revoked by the donor once executed or registered with the register office. It can be nullified only through court under certain circumstances like the donor executing the gift deed forced by donee by way of fraud, misrepresentation,coercion and undue influence, but the onus of proving the exceptional circumstances under which the giftee was executed lies with the donor.
RAM DEO KAKRA (ADVOCATE ) 22 August 2008
it apprears that gift relates to immovabale property and once u registered it u can not revoke it. go trough the gift deed u declare that it is irrevocable in the gift deed itself . court matter also cannot help u.
kashi nath shukla (advocate, ) 24 August 2008
i am in full agreement withthe advice given by KRISHNAN VENKATACHALAM
prof s c pratihar ( urologist &legal studies) 31 August 2008
mastanrao.bhogadi (advocate) 16 September 2008
Dear sir,
Being an advocate you might have been awere that validity of Registered Gift deed .
For regisration of gifts the rule is not one and the same for Hindus and Muslims. After the gift was acted upon in normal cases the gift is irrevocable.
CSSR Venugopal (advocate) 28 September 2008
Try to understand what is the object of GIFT in TP ACT.Wether gift is revocable? ,If the very purpose of gift is defeated i.e if the donee is a trust if the trust did not fullfill the purpose of gift and used the property other than purpose mentioned in the deed it can be revocable as it is one of the exceptional cicumstances for revocation and also fallow as per the advice given by Mr Krishnan Venkatachalam with regard to procedure of revocation..
M. Sahul Hameed (Advocate Profession) 07 December 2008
The register gift deed cannot be revoke by the donor but it has to be nullified by the court o law in certain circumstances, the donee comitted a fraud for creating and fabricating donor's signature and misrepresentaion, mischief, coercion, undue influence or complesion but theallegations are proved by the donor.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 31 December 2008
GIft deed once registered before sub registrar/registering authority may not be cancelledby the donor.It may not be taken back. It may only be cancelled by competent court of law / civil court.
Y V Vishweshwar Rao (Advocate ) 21 March 2009
Registered Gift Deed is valid
The Donor can not cancell the Regd Gift Deed
If bothe donor & Donee interested they can together cancel the Gift .
If there is Fraud & undue influence while execting the & Registering Deed the same to be delcared by Civil Court
S.PRANOYSHUBHRA (Advocate) 21 March 2009
Gift is complete only when the Donee accepts the Gift and in my view it is difficult to get it cancelled.
M. Sahul Hameed (Advocate Profession) 21 March 2009
For a valid gift deed the following conditions must be fulfilled.
1. With out consideration.
2. Unconditional
3. Acceptance cuppled with physical possession., if all these conditions ar fulfiuled the the gift deed irrevocable even by court of law.
M. Sahul Hameed (Advocate Profession) 21 March 2009
For a valid gift deed the following conditions must be fulfilled.
1. With out consideration.
2. Unconditional
3. Acceptance cuppled with physical possession., if all these conditions ar fulfiuled the the gift deed irrevocable even by court of law.