Blackout Gift Deed

Aug 6th, 2022
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How to Blackout Gift Deed

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Mina, who married in 2015, is facing issues after separating from her husband Alia, who gifted her an unregistered property in Pune and Mumbai. To claim her rights, Aditya discusses the legal requirements surrounding property registration. He emphasizes the importance of registering property to secure a woman’s rights. Two laws are relevant: the Registration Act and the Transfer of Property Act. According to Section 122 of the Transfer of Property Act, a gift of immovable property must be made through a deed that is registered. Additionally, Section 17 of the Registration Act mandates that any instrument transferring interest in immovable property must also be registered. Since Mina's deed is unregistered, it complicates her claim.

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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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