Legal Question in Civil Litigation in India
Legal right to be a owner in case of cancellation of Reg. Gift Deed
The Settlor has given a land via registered Gift Deed. If the Settlor cancells the Reg. gift deed, Who has the legal right to be a owner (Settlor ? or Settlee ?) in case of cancellation of Reg. Gift Deed by Settlor.
2 Answers from Attorneys
Re: Legal right to be a owner in case of cancellation of Reg. Gift Deed
Rest assured.Gift deed,if given by the bonafide person,can never be cancelled.You have every right of owner.
Re: Legal right to be a owner in case of cancellation of Reg. Gift Deed
One important aspect is the religion of the settlor. Normally gift deed once executed by the settlor cannot be revoked. So the settlee alone is the owner. However, if settlor claims that the execution was coupled with fraud or something, settlor may have the remedy of getting declaration of gift deed as null and void.
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