A gift deed is a legal document that transfers the ownership of a property from one person (the donor) to another person (the donee) without any consideration in return. Once a gift deed is executed and registered, it is generally irrevocable. However, the Supreme Court of India has ruled in a number of cases that a gift deed can be cancelled under certain circumstances.
A gift deed is a legal document that transfers property ownership from one person (the donor) to another person (the donee) without any consideration in return. Once a gift deed is executed and registered, it is generally irrevocable. However, there are certain exceptions to this rule.
The Supreme Court Judgement of India has ruled in a number of cases that a gift deed can be cancelled under the following circumstances:
- If the consent of the donor was obtained by fraud, undue influence, or coercion.
- If the donee has failed to fulfil any condition of the gift.
- If the gift was made for an illegal purpose.
- If the gift was made to a minor, who has not accepted it within a reasonable time after attaining majority.
- If the gift was made by a senior citizen who was not capable of understanding the consequences of the gift.
The Supreme Court Judgement has also held that a gift deed cannot be revoked simply because the donor has changed his or her mind.
In the case of Sudesh Chhikara v. Ramti Devi & Anr. (2022), the Supreme Court Judgement held that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be attracted only if the transfer of property by a senior citizen was subject to a condition of providing the basic amenities and basic physical needs to him/her. The Court further held that the mere fact that the donee has not fulfilled the expectations of the donor after the gift was made is not a ground for cancellation of the gift deed.
In the case of B.S. Joshi v. Sushilaben (2013), the Supreme Court Judgement held that a gift deed cannot be cancelled simply because the donor has made a new will bequeathing the same property to someone else. The Court held that the will would have effect only after the death of the donor, and therefore, the gift deed executed earlier would remain valid.
LIBRA case management software can be used to track and manage a variety of cases, including those involving the cancellation of gift deeds.
Here are some specific ways that LIBRA can be used for Supreme Court Judgement purpose:
- Case tracking: LIBRA can be used to track the progress of a case through the legal system, from the initial filing of the petition to the final Supreme Court Judgement. This can help to ensure that the case is moving forward in a timely manner and that all deadlines are met.
- Document management: LIBRA can be used to store and manage all of the documents related to the case, including court filings, pleadings, and evidence. This can help to keep the case organized and make it easy to find the information you need when you need it.
- Communication management: LIBRA can be used to manage communication between all of the parties involved in the case, including the litigants, their attorneys, and the Court. This can help to keep everyone informed of the status of the case and reduce the risk of misunderstandings.
- Task management: LIBRA can be used to manage tasks associated with the case, such as scheduling hearings, preparing documents, and filing motions. This can help to ensure that all of the tasks that need to be completed are done on time and efficiently.
In addition to these specific features, LIBRA can also be used to track and manage other types of cases, such as:
- Divorce cases
- Child custody cases
- Criminal cases
- Real estate cases
- Business law cases
LIBRA is a powerful and flexible case management software that can be used to track and manage a wide variety of cases. It is a good choice for lawyers, law firms, and other legal professionals who need to keep their cases organized and moving forward efficiently.
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