Mohankumar (Business ) 31 August 2011
1)Can a gift deed be withdrawn? (in karnataka State of India)?
2) Also, if I give gift deed to some organization, do my blood relatives after my death have right to question that? Do they have right to question when I am alive? What if the property is purchased by self earnings or ancestor's one.?
Advocate M.Bhadra 31 August 2011
According to sec.122 of Transfer of Property Act generally Gift Deed once executed can not cancelled, but in certain cases where it was obtain by fraud,coercion and mis-representation gift may be revoved or cancelled.
Mohankumar (Business ) 31 August 2011
Who has authority to cancel it?
My case is like this- For example- I have purcahsed a house. At that time, I was unmarried and my brother had given money to me. Because he was out of India at that time and could not come here.
After that- I got married . then I gave the property to mother as gift deed and mother has made a will to my brother.
Now- can someone except myself and mother question it?
A V Vishal (Advocate) 31 August 2011
| Originally posted by :Shyam Sundar | ||
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Who has authority to cancel it? My case is like this- For example- I have purcahsed a house. At that time, I was unmarried and my brother had given money to me. Because he was out of India at that time and could not come here. After that- I got married . then I gave the property to mother as gift deed and mother has made a will to my brother. Ans: You cannot revoke the gift as per the details given by you. Now- can someone except myself and mother question it? |
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Advocate M.Bhadra 31 August 2011
Donor can file a suit for cancellation of Deed of Gift in a Civil Court,after adjudication if court satisfied that the instrument was obtain by fraud and misrepresentation at the time of execution of it, then Court may passed an order of cancellation of it.Howrver it is in rare cases.
Mohankumar (Business ) 31 August 2011
Ok, Thank you.
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