• My brother owned a trust. Last week he registered a gift deed for another trust. Due to some reasons

My brother owned a trust. Last week he registered a gift deed for another trust. Due to some reasons both the trusts wants to cancel the gift deed.
1 Will it possible to cancel the same 
2 Will it possible to get back the registration charges 
Please let us know the procedures to get back the registration amoun
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Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

1. both trusts can execute a deed of cancellation and register it

2. registration charges paid on gift deed will not be refunded. There is no legal provision for it

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

Dear Client,

GIFT deed cannot be revoked, either the trust refuse to accept the gift than for incomplete condition to complete gift , it will revoke by itself.

Registration charges not returnable and gift deed also got registered than it can reverse only by non delivery of gift property.

Or trust gift it back to actual donor. More registration charges.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You need to execute the cancellation deed for the same. Both the parties consent is needed.refund thing you need to inquire at the office will depend on your gift deed

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. It can be revoked.

2. Registration charges will not be refunded 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

A cancellation deed is to be made and registered in the sub registrar office.

get in touch with a local lawyer 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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.

Stamp duty and registration fee can not be refunded as the document has been registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See a registered deed can be cancelled by the civil court file a suit for cancellation of the deed further both parties can agree and court can pass an order of cancellation.

Alternatively a cancellation deed can be made and same can be executed and registered before the sub-registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Registration charges and stamp duty shall not be refunded back.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the gift deed has already been executed, but now want to recall/cancel the same.
  2. As per the law, once the gift deed has been mentioned then it is almost impossible to cancel the same.
  3. But, yes, there are certain cases where under special circumstances, the same may be recalled.
  4. Either the donor is succeeded in proving that it was subject to some conditions which are not fulfilled by the donee, or it was executed by some coercion.

Rest, would be able to provide exact legal opinion once get the copies of the deed so as to understand the gist of the transaction.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1.  Gift Deed can be cancelled ONLY by mutual signatures of the Doner and the Donee.

2. Registration fees are non-refundable.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1.  Yes, if both the trusts would be willing to do it, then a joint cancellation deed can be executed within three years from the date of execution of the said registered gift deed.

 

2. No, the registration charges cannot be refunded.

 

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

The registered gift deed can be cancelled by both the donor and the donee executing a registered joint cancellation deed 

The registration charges paiod earlier cannot be refunded.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

Gift Deeds cannot be cancel unilaterally. Further registration amount paid are non-refundable.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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