claim of gifted amount.

prakash (Querist) 01 March 2011 This query is : Resolved
Sir,
In 1990 a man had gifted a sum of Rs.25000=00 to another person who was not his relative.The gift deed was duly signed by him and witnessed by two person.Now in Feb.2011 his son writes aleeter to the person to whom the gift was given to return the amount with interest as his father is a lay man and does not understand anything.Can he claim this amount?Please advice.

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A V Vishal (Expert) 01 March 2011
The man's son cannot claim the amount. There are several legal impediments and it is not possible to recover the amount unless it is proved that there was fraud or coercion involved.

Arvind Singh Chauhan (Expert) 01 March 2011
Yes he can't claim as described by Vishal Sir.

adv. rajeev ( rajoo ) (Expert) 01 March 2011
His son has no right to claim the amount which was given as a gift to other person by his father.

Parveen Kr. Aggarwal (Expert) 01 March 2011
The only civil remedy available to the son of the donor is a suit for recovery which has evidently become time-barred. Besides the others, such suit will be barred on the ground of being filed beyond prescribed period of limitation.

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