India's comprehensive legal resource covering landmark Supreme Court & High Court judgments on property law.
Expert legal summaries, FAQs, and practical guidance across 20 property dispute categories.
๐ 20 Categories
โ๏ธ SC & HC Judgments
โ Legal FAQs
๐ก Practical Examples
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Gift deed disputes involve the validity, revocation, or challenge of gifts of immovable property. The Transfer of Property Act governs gifts and courts strictly examine whether proper procedure was followed.
โ๏ธ Key Legal Principles
1Gift of immovable property must be registered
2Donor must be competent and gift must be voluntary
3Acceptance during donor's lifetime is mandatory
4Gifts to minors accepted by natural guardian
๐๏ธ Important Supreme Court Judgments
โ๏ธ Renikuntla Rajamma v. K. Sarwanamma (2014)
(2014) 6 SCC 456 | AIR 2014 SC 3396
Gift deed can be challenged if donor was not of sound mind or was under undue influence
โ๏ธ Thiruvengadata Pillai v. Navaneethammal (1966)
AIR 1967 SC 397 | (1966) 1 SCR 656
Acceptance of gift must be by or on behalf of donee during the lifetime of donor
๐๏ธ Important High Court Judgments
โ๏ธ Madras HC โ Lakshmi v. Saroja (2021)
Gift deed executed by elderly parent under threat and coercion by one child declared void
โ๏ธ Punjab HC โ Gurmeet Singh v. Kulwant Kaur (2020)
Gift deed to one child only, excluding others, valid if donor had sound mind โ not liable to challenge
โ Frequently Asked Questions
Q: Can a gift deed be revoked?
A: Generally no โ a gift once accepted is irrevocable. However, gift can be revoked if there was a specific condition of revocation mentioned in the deed, or if obtained by fraud/coercion.
Q: What is the stamp duty on gift deed?
A: Stamp duty varies by state. For gift between blood relatives in Punjab/Haryana, reduced stamp duty applies. Gift deed must be registered at Sub-Registrar office.
๐ก Practical Example
Father gifts his house to daughter through registered gift deed. After father's death, son challenges the gift claiming father lacked mental capacity. Court examines medical records and witness testimony.