How to cancel a gift deed in Kolkata is an important question that needs legal solutions based on an understanding of the gift deed procedure.
Table of Contents
Cancel a Gift Deed in Kolkata
There are many ways to transfer property from the owner (donor) to the donee such as by gift, will or sale deed. However, the most common and quickest process to transfer the property within the family is by way of the gift deed. Although a gift deed is an unequivocal agreement through which the property is transferred to a family member out of love and affection, but there are certain conditions under which you may cancel a deed. It is also advised to consult a property lawyer in Kolkata who can guide you with the cancellation of a gift deed.
Meaning of Gift Deed:
A gift deed is a legal document that defines the transfer of a gift from the donor to a donee without any exchange of money. Cancellation of gift deed happens when the person gifting the property or thing wants to take it back or cancel the same under specific circumstances. However, only an experienced property lawyer in Kolkata can guide you through the process of cancelling a gift deed in Kolkata.
Essentials of a Valid Gift Deed:
1. It must be movable or immovable property.
2. It should be transferable.
3. It should not be a future property and it must exist today.
4. It must be tangible.
Registration of a Gift Deed:
A gift of immovable property must be registered under section 123 of the Transfer of Property Act, 1882, otherwise, a gift of immovable property cannot provide any title to any person. A gift of property during registration and post-registration must be attested by two witnesses, only then the transfer of title is possible.
Documents Required for Gift Deed Registration:
When the Gift Deed is signed, attested by two witnesses and necessary stamp duty has been paid, then you need the following documents:
- Original Gift Deed
- Aadhar Card
- ID Proofs
- PAN Card
- A document is required like a Sale deed or chain deed to prove donor title to the Property.
You may require other documents like certificates about the value of your property.
Cancellation of Gift Deed in Kolkata:
The Transfer of Property Act, 1882 provides section 126 which deals with suspending or revoking a gift. Section 126 provides that the donor and donee may agree that on the happening of any specified event which does not depend upon the will of the donor, a gift shall be revoked or suspended. The specific process to cancel a gift deed in Kolkata requires court intervention if both parties are not willing to cancel the same.
Cancellation of Gift Deed:
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. However, to cancel a gift deed, a court’s interference is required and without a court’s interference, cancellation of a gift deed is not possible unequivocally. For further help, you must consult a property lawyer in Kolkata who can guide you through this process.
Limit of Cancellation
If you are wondering when you can file the gift deed cancellation, well there is a time limit under Article 59 of the Limitation Act of 1963 that provides a time of three years from the date of discovery of grounds for cancellation. However, this time limit can alter depending on the particular circumstances of the case.
Case Analysis:
In S. Sarojini Amma v. Velayudhan Pillai Sreekumar 2018 SCC OnLine SC 2200, the Supreme Court observed that there was no completed gift of the property and the appellant had the right to cancel the deed.
Consult a Laywer to Cancel a Gift Deed in Kolkata
Overall, the Transfer of Property Act, 1882 lays down provisions relating to gift deed and cancellation of gift deed. Any person who is the real owner of the property can transfer his or her property to anyone by way of gift. However, there are measures to cancel a gidt deed in Kolkata if the donor and the donee have a fall out. For further details, you may consult us here.