• Gift deed

My parents made a Gift deed in name of my father's friend due to his influence... the deed was made on 22 June 2017.. What is last date of filing of case? and what the remedies avlable for them?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

24 Answers

Suit has to be filed within period of 3 years of execution of registered gift deed 

 

2) on account of lock down limitation period stands extended for the period of lock down 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Within 3 years of the gift deed.  A cancellation of the gift deed suit must be filed immediately.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can file suit on 22 nd June 2020 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

3 years from knowledge. You can file the same till 22 June 2020 but you will get additional time due to lockdown

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes you can file.

File for revocation of the gift deed 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1.You are deficient in providing the required details

 

2. What case you wan to file?

 

.3. Are your parents still alive?

 

4. You can challenge the said gift deed within 3 years of its registration i.e. with in 21st June, 2020.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. It will be ideal if you file it on 21st June,2020.

 

2. However, due to Covid19, you can file an application u/s5 of the Limitation Act praying for condonation of delay for filing the said case within 3 years.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1  is your father alive?  If yes then no suit can help you. 

2. If the property gifted by your father was his self acquired property then he is free to transfer it to anyone he chooses and you can not question him. 

3. Only if the property is ancestral and if it was made under exercise of force, fraud or unde influence then you can file a suit for declaration, setting aside the gift and injunction. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

What case do you intend to file and against whom?

If you suspect some fraudulent activity or intention behind this gift deed, then you can file a suit for cancellation of the gift deed within three years from the date of detection of the alleged fraudulent activity.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can compute the three years period from the date of knowledge of the alleged fraudulent activity involved in this transfer of property 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Yes you can.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. The limitation to seek cancellation of the gift deed is 3 years from the date of execution.

2. They  will have to prove that it was executed under undue influence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can file before the elapse of 3 years from the date of registration of Gift Deed by your parents in favour of your father's friend. In other words, you have to file against the execution of Gift Deed by your parents in favour of your father's friend on or before [deleted].

2.  You have to mention in your petition, that your parents were brainwashed by your father's friend and forced them to execute a registered Gift Deed in his favour and request for quashing the Gift Deed executed by your parents in favour of your father's friend.

 

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

1. The limitation period is 3 years. 

2. In case the gift is made by free will by your parents it will be difficult to get favourable orders.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Parents can easily revoke /rescind the Gift Deed (even if it was registered), by invoking the Senior Citizen Laws and claim that they were coerced /forced /mislead /fooled /etc....  This will have to be done in the local Civil Court.  There are several HC /SC judgments wherein the property was restored to the Senior Citizens.

2. EVEN the children of parents can file Civil Court case for above purposes.

3. There is no limitation period for filing such legal case, BUT should be filed before the opposite party sell's off such property.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.

- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid. 

- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.

- Further, Gifts that involve immovable property should be registered under the Transfer of Property ActIt means without registration of Gift deed , the title does not pass on to the donee, 

- As per law, you can challenge the said gift deed within 3 years of the execution or date of knowledge about the gift deed came to you. 

- You can challenge the same on the ground of that the gift deed was obtained by that person under influence , and against the free WILL of your father . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Limitation is at hold at present, so file petition to cancel gift deed as soon as. 

And if possesion is not delivered than gift is void, on this ground only gift deed will cancel by court.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

what is the ground to challenge the gift deed?

you haven't provided the complete facts,

1. a gift deed can be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

2. The period of limitation starts running from the moment you have knowledge of the deed. 

3. the period of lockdown will also got deducted from the time of limitation, therefore, you have sufficient time to challenge the Deed

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

To challenge the Gift Deed in question, it is three years.

You can file suit seeking cancellation of the Gift Deed saying that, it is done under coercion / undue influence.

They will deny your case and try to prove that, it is given out of love and effection.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Reply to second post:

Yes you can file suit on 22.06.2020, since 21.06.2020 being Holiday.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

For challenging a gift deed, you have a limitation of 3 years for filling the suit and to challenge the gift deed. Yes, you can file it on 22.06.2020. And if you are not able to file the suit on 22.06.2020, you can file an application for condonation of delay, alongwith the suit, seeking permission to file the suit after the limitation period.

Nikhil Gupta
Advocate, Yamunanagar
141 Answers
1 Consultation

4.0 on 5.0

you can file suit within period of 3 years. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Even you can file after June 2020 . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Last date of filing case for cancellation of gift deed depends on various conditions one of them is removal influence under which gift deed is executed.

2. You can take ground that the force due to which the gift deed was executed have been removed recently and due to which limitation period is still not over. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer