Title: Common mistakes that make a gift deed invalid
1COMMON MISTAKES THAT MAKE A GIFT DEED INVALID
2INTRODUCTION
Common errors in gift deeds may invalidate, even
with the best intentions. For these legal
documents, which are intended to transfer
ownership of assets or property, to be
enforceable, they must meet certain requirements.
A gift deed may be voidable for even relatively
small execution errors, such as incorrect
witnessing or lacking paperwork. To ensure that
the intended transfer of ownership remains valid
and legally enforceable, it is essential to be
aware of these potential dangers.
3If the gift deed is not performed and registered
in accordance with legal requirements, it may be
questioned in court as illegitimate. The gift
deed is void and may be questioned in court if
either party was unable to sign a contract.
Signing the Gift Deed demonstrates the agreement
of both the Donor and the Donee.
IS IT POSSIBLE TO DECLARE A GIFT DEED INVALID?
4WHAT COMMON MISTAKES CAUSE A GIFT DEED TO BECOME
INVALID?
The following typical mistakes in gift deeds
might render a gift deed invalid or provide
grounds for a gift deed challenge
It is possible that the Donor will be coerced
into making a Gift Deed against their will. Any
form of intimidation or justification may be used
by the donee to obtain the gift deed.
Acceptance of the Gift Deed is required by the
Donee. It's also one of the causes of Gift Deeds
that are void. The Gift Deed may become void if
it is not accepted.
If it is demonstrated that the donor was mentally
incompetent at the time of donating, or that they
were illegally pressured or manipulated, the gift
deed may be questioned.
5Although an unregistered gift deed is not
regarded as invalid, it is advised to register it
to ensure the authenticity of the document. A
gift deed that has not been registered is void
legally. If the value of any immovable property
exceeds Rs. 100 or Rs. 1000, it has to be
registered. You can cancel an unregistered gift
deed by filing a lawsuit in civil court, even if
it is still legal. The Registration Act of 1908
is not applicable to gift deeds that are not
registered and have no legal standing.
CAN A GIFT DEED THAT ISN'T REGISTERED BE USED?
6THANK YOU