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
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 t
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what is the procedure to cancel the deed & what is the procedure to get back the registration charges
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
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.
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
A cancellation deed is to be made and registered in the sub registrar office.
get in touch with a local lawyer
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.
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.
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.
1. Gift Deed can be cancelled ONLY by mutual signatures of the Doner and the Donee.
2. Registration fees are non-refundable.
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.
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.