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
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?
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
Can i file it on 22 june 2020?
3 years from knowledge. You can file the same till 22 June 2020 but you will get additional time due to lockdown
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.
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.
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.
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.
You can compute the three years period from the date of knowledge of the alleged fraudulent activity involved in this transfer of property
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.
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.
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.
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.
- 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 Act, It 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 .
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.
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
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.
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.
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.