Gift deed can be cancelled with mutual consent 

deed of cancellation has to be executed by parties 

It would attract nominal stamp duty 

No ded of conveyance once executed and registered can be cancelled even on mutual consent of parties. 

Only a competent court of law can pass such order of setting aside/cancelling a deed. 

However if the Donee so wants he can reverse the conveyance by making another gift deed in favour of the Donor on payment of requisite stamp duty and registration fees. 

1. Gift Deed can be revoked /rescinded /cancelled by a properly registered "Gift Revocation Deed" PROVIDED both the parties (Donor & Donee) sign the same unconditionally with mutual consent and property possession is given back, documentarily, to the Donor. Basic Stamp Duty & Registration Fees is applicable here.

2. Apply for refund of Stamp Duty to the local IGR office, by annexing the original Gift Deed & Stamp Fee receipt and new  the "Gift Revocation Deed" & Stamp Fee receipt. Depending on the discretion of IGR, the Stamp Duty would be refunded, IF applied for within Six months ONLY.  Do this preferably using the services of a local Registration Agent.

3. ALL Above is possible ONLY IF the original Gift Deed was duly registered. 

Gift once made legally cannot be revoked without the order of the court directing cancellation of the deed. 

It has to be transferred back by executing another deed for which additional stamp duty has to be paid. 

1. A suit for cancellation has to be filed before the court, the court may on the settlement of parties pass an order of cancellation. The stamp duty is not refunded. The court fee has to be paid for cancellation suit. 

Stamp duty amount paid to government will be not refunded back. Donee has to sign the document for cancellation of Gift Deed and for cancellation there is no stamp duty for registration of cancellation gift deed a nominal fees is required.

Cancelling a Gift:

Section 126 provides two modes of revocation of Gift:-

• Revocation by mutual agreement:- A gift may be revoked upon the happening of an event which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.
• Revocation by rescission:- The gift is a transfer of ownership without any exchange of money or any consideration which is made voluntarily. So, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence or fraud then the gift is voidable.

In Maharashtra It can be cancelled mutually but refund can only be initiated within 6 months of payment of stamp duty. Govt may deduct 1 percent of stamp duty to maximum of Rs. 1000/-. But you can only claim refund on unexecuted instruments and not cancelled

Yes the deed can be cancelled...refund will not be made

The parties can mutually cancel the gift transaction and donee has to hand back the possession of the property. you have to pay nominal charges. 

Revoking the Gift Deed is permissible, if both the Donor and Donee voluntarily agree for cancelling the registered deed. Stamp duty will not be refunded.

that's controversial

but the donee who has become owner of the property pursuant to the gift deed can simply transfer that property back to the donor by executing a gift deed in favour of the donor

depending on who the donor and donee are in the second gift deed, the stamp duty may either be nominal or the regular stamp duty

however the above course will not enable the parties to claim any refund of stamp duty paid on the original gift deed

it needs to be checked whether gift once made cannot be revoked later

let me look up and get back

By Mutual Agreement: The donor and the donee can mutually agree to cancel or revoke a gift transaction. It can be done by mentioning such conditions in the gift deed.

The condition, even when not mentioned in the deed, must be made in mutual agreement and understood by both parties.

The parties can mutually cancel the gift transaction and donee has to hand back the possession of the property

Like a contract, a gift can also be made subject to certain conditions and can be rescinded if such conditions are not fulfilled. Such conditions must be expressly mentioned in the gift deed. This includes that on the happening of a specific event or the donee failing to fulfill a condition, the donor can revoke the gift transaction and get the possession of the property back. The donor has a limited period of 3 years to revoke the gift transaction from the date of the event.

The stamp duty for cancellation deed has to be paid.

Yes. Cancellation deed will execute at sub registrar office. No refund unless gift deed cancelled by court on the ground of executed by playing fraud.

Cancellation fees, maximum 500rs and no stamp duty.

- Yes , a Registered Gift deed can be cancelled by mutual consent of both the parties , after registering a cancellation deed . 

- No, stamp duty cannot be refunded legally , as this already used after presenting before the Registrar. 

Hi 

1) For cancellation of Gift Deed by mutual consent, no extra stamp duty is to be paid.

2) Only registration fees (about Rs1500-/-) is to be paid through bank challan to government treasury

3)Previously paid stamp duty (at the time of execution of Gift Deed) will NOT be refunded.

Hope this information is useful.

1. Both the Donor and the Donee can register a Cancellation Deed  in connection with the said gift deed.

2. No stamp duty will be refunded and you shall have to pay the stamp duty and registration deed for registering the cancellation deed which will be negligible.

1. No both donor and donee can execute a fresh gift deed to return the property to donor.

2. Or they need to file petition for cancellation of gift deed in court. 

3. No stamp duty will not be refunded.

4. In case of fresh gift deed you need to pay extra stamp duty and not in petition for cancellation of gift deed.

No you will not get the stamp duty.

Dear Sir/Madam,

You are suggested that gift deed can't be cancelled rather the donee can reverse the property by way of gift deed again and the said property will come to donor again. Also, the stamp duty will be as per the rate of the property. 

Cancelling a Gift deed for saving Stamp duty can not be found good in law. You should proceed with other mode of Transfer of Property.  

A gift deed once completed and possession taken is irrevocable. It cannot be cancelled unless there are reasons ie under coercion illegally signed forgery etc.