Legal Question in Real Estate Law in India

Cancellation of Gift Deed

We have Gifted 15 Acre land to a Society run by us to set up Academic Campus. However, now the plan has been changed and we wish to cancel the gift deed. What all are the procedures to be followed for it. Is it mandatory to pay stamp duty again wherein the DONEE will again DONATE to the DONER the same land.


Asked on 3/18/09, 7:08 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Cancellation of Gift Deed

If Gift is to a charitable institute or public trust, it is difficult to get back the land by way of Gift in view of statutory restrictions imposed on such institute to obtain prior permission for transfer.

Gift or sale deed attract stamp duty. If value of property is less than Rs.100/-, the registration is not necessary.

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Answered on 3/19/09, 5:37 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cancellation of Gift Deed

The donee may refuse to accept the gift and may return the land by executing a cancellation deed.

You may consider filing a civil suit for cancellation and then get the decree registered.

It may be better to engage a local lawyer to guide you through the process.

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Answered on 3/18/09, 1:47 pm


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