Limitation of gift deed

NO possibility to made a challenge  against a "Gift Deed".

No limitation period :  Gift deed is a completed transaction out of natural love and affection without any influence or coersion for no consideration.  Hence the question of limitation does not arise.

R.Rajendran

Advocate

If there is a suspicion about its genuineness a suit can be filed within three years from the date of knowledge provided there is strong evidence to file a suit declaring the deed as null and void.

Though a gift deed cannot be revoked, it can be challenged in court, coercion and fraud being the most common grounds. Therefore, if one has been tricked into gifting property, the matter can be taken to court to have the transfer reversed. A gift deed can also be challenged on the grounds that the donor was not of sound mind or a minor.

According to Article 58 of the Schedule to Limitation Act, the time period for one to exercise his right to obtain a declaration is three years and this right is vested to him from the time the right to sue first accrues on the person. Therefore, the limitation period to challenge a gift deed commences from the time the plaintiff had knowledge of the existence of the gift deed and challenge thereto has to be within 3 years as prescribed vide Article 58 of the Schedule to the Limitation Act.

-Regards

Advocate Pooja

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