Sumit Sharma 5 Answers 31808 views Buy/Sell Legal Queries 2 years 2021-07-08T19:04:49+05:30 2021-07-08T19:04:49+05:30
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Under section 122 of the transfer of property act 1882 a person can transfer his property ownership to someone else in the name of a gift through a gift deed. As gifting properties on special occasions is the legacy of Indian people. When it comes to gift deed, one of the most commonly asked questions is “can gift deed be challenged in court”. If you also have the same query do not get confused anymore as in this answer you will explore the facts that can gift deed be challenged in court by legal heirs.
Can gift deed be challenged in court of law
A gift deed can be challenged in court if the deed is prepared forcefully by the owner of the property or without the consent of the owner of the property.
Some other condition when gift deed can be challenged in court
- If the gift deed has any additional conditions and that conditions are not fulfilled in the case gift deed can be revoked.
- If the gift deed is not registered as per the legal process.
- If the owner consent of the gift deed was not free
- If the property has financial liabilities and then the second party can claim to revoke the deed.
Hope your query is resolved by reading this answer and you have a better explanation when someone comes around you asking “can gift deed be challenged in court”.
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While Mr. Ahrihant has explained quite well whether or not a gift deed can be challenged in court. I would like to point out a few more things related to property gift deed rules. By his answer we know about conditions in which a gift deed can be revoked or cancelled but what about the time period in which it can be challenged. Let me take you through that information too.
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Property gift deed rules
The property gift is considered valid if you want to voluntarily give it out of love and affection to:
- Family members
- friends
Without expecting any monetary compensation from them for it.
Some of the important information to be included in gift deed include consideration clause, possession of property, free will, property information, details of donor and donee, delivery or possession clause, and finally revocation clause.
Is there a limitation period to challenge a gift deed?
A gift deed can be challenged till 3 years from the date of execution or from the date when donee finds out about it. However, as mentioned by Mr. Ahrihant, it can be challenged in certain conditions after this time period.
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I first came to know about gift deed property when my grandfather gifted his property to my father. I was very fascinated by this term, so I did my own research to understand all about it. I will tell you what I learned about gift deed meaning. The Transfer of Property Act governs the legal framework for property transfers in India. It first appeared in the form of a draught bill in 1870 and went into effect in 1882. Customary laws predominated before this act, but they still applied to the transfer of property. The transfer of property by gift deed is among the less troublesome methods, yet there are some situations where the transfer by gift deed is contested.
Can a gift deed be challenged?
The basic feature of a gift deed is that despite the fact that there is a donor/promisor and a donee/promise, there is still no contract because there is no consideration. Gift deeds are typically made out of love and devotion. But every now and then gift given to a person can upset individuals who have a right to it and in those other circ*mstances, it is asserted by the litigants that the present has been transferred by wrongful methods like disproportionate pressure, coercion etc. Some gift deeds are contested because the people who signed them do not think it is vital to have the deed registered. This causes a protracted legal battle in which both parties must prove the authenticity of the document over several years. The following are a few of the basis on which a party who is aggrieved by the gift-based transfer of property can contest it in court:
Grounds for challenging a gift deed property
- If permission was not voluntary: There are a number of purported instances where the individual giving the gift is coerced by the other person, either emotionally or under duress, and as a result, the validity of the agreement and the document are terminated.
- A gift deed is lawful even if it isn’t registered, but in the eyes of the law, an unregistered gift deed has no worth if it is not executed and registered in accordance with the law. By submitting an unregistered gift deed, one cannot assert the enjoyment of a gift deed.
- A gift from a minor is invalid even though a present to a child is acceptable if the parties are incompetent. Additionally, the donor is not regarded as a competent party if he or she is not of sound mind or is unable of comprehending the nature of the act.
- If payment of consideration is made: Payment of consideration is essential to the transfer of property by a gift deed. The gift deed is void if someone can show that it was given without receiving payment of any kind.
- If the gift is dependent and the recipient’s gift does not satisfy the condition: Although it is sometimes misunderstood, contemplation and meeting a criterion are not the same thing. Fulfilling the condition is not, in any way, a return of favour; rather, it may be seen as security by the donor when transferring their property through a gift.
How to challenge a gift deed property?
When a transference or execution of the gift deed wasn’t really as per the donor’s wish and was carried out under fraud, coercion, deception, etc., a person who has any legal title and ownership of the property may initiate a lawsuit. Such a person may contest the gift deed by bringing a declaration lawsuit before the court.
Now you too know everything about gift deed property.
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A gift deed is a legal document that transfers the ownership of a property from one person (the donor) to another person (the donee) as a gift, without any monetary consideration. My father got his uncle’s property as a gift deed so I am pretty well aware of several aspects associated with it. There is no such fixed validity of gift deed though. It will depend on the terms and conditions both parties agree upon. I would like to share who can challenge a registered gift deed and some other crucial details about it here.
Can anyone challenge a gift deed?
Yes, a person can challenge a gift deed for valid reasons and circ*mstances. A suit for such a declaration or objection can be filed. The reasons of filing a suit against a gift deed can be-
- If the consent for the gift was not given voluntarily
- In case the gift deed was not registered as per the law
- If a party refuses the gift
- The the recipient fails to meet the conditions of the gift
- If the gift deed asks for any compensation for the gift, it will be invalid
These clauses must be enough to answer is gift deed challengeable or not clearly. You can consult with a legal expert in case of any doubt about a gift deed.
Can A Gift Deed Be Challenged After 3 Years?
I have often seen people asking, – can gift deed be challenged after 3 years or not so let me tell you, NO, it cannot be challenged after 3 years. The limitation set for challenging a gift deed is 3 years from the execution date.
Can gift deed be challenged by legal heirs?
Yes, a gift deed can be challenged by a legal heir, but one has to go through the terms and conditions precisely to learn when can it be challenged and why. Without knowing the reason it is hard to tell who can file a suit against a gift deed and why.
This is the validity of gift deed, and other aspects I am aware of about a agift deed.
Get your gift deed queries resolved by NoBroker’s legal experts
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To answer your question, ‘can a gift deed be challenged in court,’ let me tell you that yes, a gift deed can be challenged in court by filing a suit for such declaration. However, it will 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. This should clarify can gift deed be challenged after death of donor.
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As someone deeply immersed in the legal intricacies of property transfers, especially in the context of gift deeds, let me unravel the complexities embedded in the provided article. My expertise in this field is substantiated by a comprehensive understanding of legal frameworks, such as the Transfer of Property Act 1882, and a profound awareness of the nuances associated with gift deeds in the Indian context.
The initial query by Ahrihant Jain delves into the legitimacy of challenging a gift deed in court, citing Section 122 of the Transfer of Property Act 1882. Notably, a gift deed can be contested if it's executed forcefully, without the owner's consent, contains unmet conditions, lacks proper registration, or if the owner's consent was not freely given. Financial liabilities associated with the property can also serve as grounds for challenging the deed.
Priety's addition to the discussion sheds light on the temporal aspect of challenging a gift deed. According to her, a gift deed can be contested within three years from the date of execution or from when the donee becomes aware of it. This timeframe is crucial, and challenges beyond this period may have specific conditions.
Rohan G contributes valuable insights by addressing the contested nature of gift deeds. He discusses the legal foundations, emphasizing the absence of a contractual aspect due to the lack of consideration in gift deeds. The grounds for challenging such deeds include coercion, lack of registration, and failure to fulfill conditions. The article also highlights the complexities arising from the contestation of unregistered gift deeds.
Meenakshi, drawing from personal experience, provides a concise definition of a gift deed and elucidates who can challenge it. The reasons for contestation include involuntary consent, non-registration, refusal of the gift, and failure to meet specified conditions. Crucially, Meenakshi dispels the notion of challenging a gift deed after three years, asserting the limitation period.
Advocate Apurva reaffirms the possibility of challenging a gift deed in court, clarifying that it requires establishing non-compliance with the donor's wishes or execution under misrepresentation or fraud. This response addresses the specific scenario of challenging a gift deed after the death of the donor.
In summary, the article explores the legal intricacies surrounding gift deeds, encompassing the relevant sections of the Transfer of Property Act, time limitations for challenges, reasons for contestation, and the role of legal heirs. It serves as a comprehensive guide for individuals navigating the complex landscape of property transfers through gift deeds in India.
