Transform your daily workflows and Blackout Gift Deed

Aug 6th, 2022
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How to Blackout Gift Deed

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next we have Ninas question now Mina got married in 2015 husband is a businessman and owns properties in Pune and Mumbai now due to differences they had to get separated now alia her husband had gifted her property but this was not registered how can she claimed her rights on that property now Aditya can you come in here I mean weve spoken a lot about this about how you should get registration done and how it is very very important for a woman to get the property is registered in her name what can she do now well as I would say I we have two laws which apply here first is a registration act and second is a transfer of property act under Section 122 of the transfer property act a gift of an immovable properties to be made by a deed and further this deed has to be registered we also have section 17 of the registry of the Registration Act which states that any instrument which transfers an interest in an immovable property it has to be registered instrument so since the deed has not be

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1.As per law, the limitation period for filing a case to cancel the registered gift deed is only 3 years from the date of execution/registered of Gift Deed. 2. No, you cannot challenge him anytime , i.e. out of limitation period .
Is there a limitation period to challenge a gift deed? A gift deed can be challenged till 3 years from the date of execution or from the date when donee finds out about it. However, as mentioned by Mr. Ahrihant, it can be challenged in certain conditions after this time period.
But two competent persons should have signed the will as witnesses. Your siblings may challenge the will in a court of competent jurisdiction but they will have to prove that it was not executed by your mother while exercising her free will.
A civil suit for cancellation of a gift deed can be filed within three years of coming to the knowledge of the fact that there exists a ground to challenge the gift deed. A gift deed can also be cancelled by executing a cancellation deed if both parties agree.
Unless there is a pact between the contracting parties stating that the gift can be revoked on the occurrence of a certain event, a gift cant be revoked. Section 126 of the Property Transfer Act provides for situations wherein a gift deed may be revoked by the donor.
Grounds for challenging the Gift Deed: Consent was not free. Gift deed not executed and registered as per legal provisions. Parties not competent to contract. Consideration is present. Acceptance not made. If the gift is conditional and the condition is not fulfilled, gift deed can be revoked.

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