Response

Unfortunately, beyond three years from the date of execution of the registered gift deed, it cannot be challenged or cancelled as it is barred by limitation.The gift deed can be revoked at any time in the life time of the donor. If the gift deed registered and stamp duty is paid then the gift deed can be set aside only with the consent of the court.Yes, the property received under Gift Deed can be sold. Provided, that you have received the property under registered Gift Deed without any condition attached.

The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.It is to be noted, that the period of limitation for the revocation of gifts on the ground of fraud, coercion, misrepresentation or undue influence is three years from the date on which the same comes to the knowledge of the donor.

A gift deed once registered cannot be cancelled without the donee’s signature.The deed is valid only if the transfer is done without any consideration from one family member to another. The Gift Deed should be registered under Section 17 of the Registration Act, 1908 to consider it as a valid transaction. The details of the property, donor, and donee are mentioned in the deed.

Reference: Transfer of property act – 202100499-20210041-20250

LAW5423

LAWAYZ-2023-71