Regarding gift deed

As per your query it is understood that you need information about the sale deed and the gift deed and about challenging them.

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc. Some grounds on which a gift deed can be challenged are stated below:

1. If the consent for transfer of gift was not free,

2. If the gift deed was not executed and registered as per the legal requirements,

3. If either party to the gift was not competent to contract,

4. If the gift is conditional and the condition is not fulfilled by the recipients. In such a case, the gift deed can be revoked.

5. If the gift deed includes any consideration for the gift, such gift deed would not be valid.

Cancellation of a sale deed can be a tricky and critical aspect of the civil laws in India. The suppression and misrepresentation of facts, lead to situations wherein cancellation becomes the only plausible way out of a bad deal. But such cancellation requires specific grounds and reasons as in general such cancellation is not allowed by the law. The legal provisions regarding the dissolution of a deed have been described below.

Sections 31 to 33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Act, cancellation is possible when and if:

An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding.

If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.

The cancellation may be executed by mutual consent of all parties.

Hope it helps!

Regards,

Anusha Singh