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A gift can't be taken back: SC

By : A V Vishal on 27 January 2012 Print Print this Report Abuse
 


The Supreme Court bench of Justices S B Sinha and H S Bedi, ruled that gifts from parents to children could not be rescinded later had said two months ago that parents could disentitle their son from inheritance if he neglected them. Ashokan from Kerala was gifted land by his mother through a registered gift deed out of “love and affection” on January 4, 1984. His father followed suit saying it would help him lead a good family life. But after one-and-a-half years, the parents cancelled the deeds saying Ashokan had failed to render financial assistance to the family though he worked in Oman. They were also upset he did not fulfil his promise to contribute Rs 1 lakh for his sister’s marriage.

 

Ashokan approached the trial court seeking quashing of the two documents executed by his parents through which the gift was cancelled. Despite the breach of promise cited by the parents, the court ruled that once the gift deed had been executed, it could not be revoked “by the mere fact that the donor’s feeling towards the recipient underwent a change”.

 

The parents had protested that if the deeds were kept alive, it would be fair to fear that the son would evict them from their own land. The district court ruled in favour of the parents saying the son had not taken possession of the land, nor paid tax, nor mutated it in his name. The Kerala HC upheld this decision.

 

Ashokan approached the SC challenging the HC’s decision. The SC said the gift deeds were executed out of love and on the ground that the recipient was the son of the donor and to enable him to live a good life.

 

“Could the parents now turn around and say he was to fulfil a promise? The answer must be in the negative. It’s one thing to say the execution of the deed is based on an aspiration or belief, but another to say the same constituted an onerous gift,” said the bench. The SC revived the gift deeds originally made by the parents and said, “Once a gift is complete, it cannot be rescinded.”

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Comments (36)




sujata dasgupta

sujata dasgupta

Wrote on 22 August 2013

:) hmm




Good Boy

Good Boy

Wrote on 14 May 2013

Can company ask for return of gift? Background: my company gifted me a two-wheeler as gift incentive for outstanding performance for last financial year. Company purchased it on loan from bank. Loan was in favour of company not me. This based on partial down payment 60:40 ratio (60 company: 40 me) and monthly installment of 80:20 ratio (80company: 20 me). However, vehicle is registered under company’s name. Registration is done in “State X’ (company’s head office). I lived in ‘State Z’ (branch office). Company delivered vehicle to my state. I paid 40% of my contribution of down payment by my personal chqe in company’s favour and company deducting certain amount from my salary every month toward contribution of monthly payment. On paper they said that they will transfer vehicle to my name when loan period get over. I have proof of cheq, offer papers of gift. Before handing over to me company took my sign on agreement paper that I’ll pay my contributions regularly for entire loan period, and I have to keep vehicle in good condition as it is company’s property till transfer to my name. However, this year’s performance is below last year, due to unavailability of goods etc. Now company is asking me to return two-wheeler, for which I made significant contribution. I want to know what my options are. In addition, what gift laws say about this in my case? What should I do, keep the vehicle, which is register in company’s name in ‘State X’ or return it. Recovering my money from company is not easy. In addition, what are company’s options? What legal actions can they take and what should my answers? My past career / record in company is very good but regular recalling is hampering my work and I am in mental distress also. For last many days, I did not sleep properly and feeling physically exhausted due to this behavior of company.




HAKEEM

HAKEEM

Wrote on 25 April 2013

Sir, Any body please reply me, of my query which i had posted. 1. My father had cancelled my registered unrevokable gift deed which he had given me in 2007. i had filed a suit for cancellation of cancellation of gift deed in2011. 2. Recently court had given me releif of Injunction order and depositing of rent in court by father 3 He is not depositing the rents which is collecting from 2011 and i want to know what should i do know? 1. To vacate my brother in law from my property 2. i want to get my property and want to reside in my house 3 still how much time will court will take to give the judgement in my favour. Please reply to my email id; hakeem490@yahoo.co.in or mohd.hakeem@hotmail.com


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