1. A Gift Deed becomes null & void, IF Stamp Duty is not paid and IF it is not Registered with atleast Two witnesses, ALL before the local Registrar of sub-assurances office.

2. If Gift Deed is duly Stamp Duty Paid and Registered, THEN the Gift Deed CANNOT be canceled or revoked, unless & untill the Civil Court declares is null & void on Medical /insanity grounds of the Gift Maker.

Keep Smiling .... Hemant Agarwal

You have to file suit to set aside gift deed on grounds that father was not mentally sound at time of execution of gift deed

2) he had suffered paralytic attack not in position to sign and gift deed was executed by coercion by affixing his thumb impression

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.

Dear sir,

Yes, any deed which was taken during illness of a person who is unable to decide what is good and what is wrong can be cancelled by court.

Gift Deed in the case of Undue Influence or Fraud

Undue influence is when the donee uses his position of power or authority over the donor to acquire the gift. In such cases the burden of proving that there was no undue influence is on the donee. If undue influence is proven then, the gift deed becomes voidable. This means the gift deed can be declared void as per the discretion of the donor. The deed is valid as long as it is not declared void.

Fraud is when the gift deed is forged through lies and deceit. For instance, if A deceitfully gifts a property belonging to B, to C it is considered fraud. In such cases, the gift deed is declared void or invalid.

Hello,

1) For a gift deed to be valid, it must be a registered one.

2) You would have to file a suit in the court to get the deed invalidated of it is a registered document. All concerned parties will have to depose before the court and documents examined.

Was the deed registered?

Yes a suit can be filed before the civil court for.cancellation of the deed on ground that father could not give her consent as he was not medically fit so the will is not proper.

A gift deed for an immovable property worth in excess of Rs. 100 is compulsorily registerable and is not valid if not registered.

In case such a deed is obtained through coercion or fraud, it is a voidable instrument and can be cancelled. For this, a suit for cancellation under Section 31 of the Specific Relief Act will lie.

I hope you have your answer. Follow-up queries welcome.

This is my response to you:

1. Firstly the Gift deed needs to be stamped and registered then only it is valid;

2. If not done then it has no value;

3. In which year was this Gift Deed executed and registered?

4. Nonetheless you can directly approach the court for cancellation based of undue influence and coercion;

5. Consult a local lawyer and take steps.

Firslty, as per the information mentioned in the present query, makes it clear that you may be cheated/distrusted (now) so as you want to cancel the same.

Secondly, there has been a presumption as once the gift deed is executed then it may not be recall back.

Thirdly, but, yes on the basis of medical grounds, it may be challenged for sure.

Fourthly, rest sometimes, there are chances that deed itself talk about some conditions of self interest in the gift deed.

So, please if you wish you can show me the same, for enabling me to answer more precisely.

Hello,

yes definitely.

On the medical grounds you may challenge the gift deed in the court saying that the same has been obtained by fraud.

Regards

The gift deed has 2 components... .the gift deed and the possession of the gift. These 2 must exist in order for the gift to be valid. If your father has not taken the possession then that is not a valid gift.

Regards

1. Your father should file a suit for cancellation of the gift deed on the ground that his consent was obtained through coercion, undue influence or fraud. Unless the gift deed is cancelled it will hold ground.

2. If your father signs and does not affix his thumb impression on documents then this is a fact which goes on to show that gift deed is suspicious. Let him file the suit during his lifetime.

3. The limitation period to file the suit is 3 years.

If a gift deed is not registered before the registrar then it becomes null and void

In your case if gift deed not registered then its not valid (please clarify)

In second situation if gift deed registered then You have to file suit to set aside gift deed on grounds that father was not mentally sound at time of execution of gift deed and you have proove father's mental illness at the time of execution of gift deed

1) Yes, as a lunatic person sign so it can be said as invalid gift deed.

Yes, since you father did not pass on this property as a gift with his free will and consent.

Dear Sir,

Kindly note that you have to.check that whether the said gift deed is conditional or unconditional. Generally, the gift deed is conditional many a times and in view of the recent supreme court judgement which says that upon non fulfilment of the condition in the gift deed, it is ought to be cancelled and become invalid.

Further, you can challenge the said gift deed by other means saying that the said gift deed was prepared by your sister in the times of your father's acute health issues which would make it difficult for him to apply his mind during the consent to that gift deed.

Yes If you prove he was not in his senses and this is a fraudulent deed

An unregistered gift deed is invalid in law hence not enforceable.

However if it was a registered gift deed, then your father would have visited the registrar's office to execute the same.

In that case no case will be maintainable.