Cancllation of gift deed

vinod (Querist) 31 December 2013 This query is : Resolved
sir,
is it possible to cancel a registered gift deed in Bangalore. if so what to do. Thank you

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Sudhir Kumar, Advocate (Expert) 31 December 2013
what are facts of case.

Rajendra K Goyal (Expert) 31 December 2013
Generally a gift deed duly accepted can not be cancelled. Without full facts nothing concrete can be advised. The circumstances and grounds for cancellation has not been given in the facts.

Devajyoti Barman (Expert) 01 January 2014
It is not possible to cancel deed of gift anywhere in India.

ajay sethi (Expert) 01 January 2014
once gift deed is made title passes on to donee . donor does not have nay title to property . he cant cancel the gift deed

J K Agrawal (Expert) 01 January 2014
If the gift is in shape of a contract and the conditions (other than of consideration)are not fulfilled then the gift deed is revocable just like a contract. It imposes some restrictions and conditions. Please refer to s 126 of the TP Act.

126. When gift may be suspended or revoked
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Illustrations
(a) A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field.
(b) A gives a lakh of rupees to B, reserving to himself, with B's assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds goods as to Rs. 90,000, but is void as to Rs. 10,000, which continue to belong to A.

Devajyoti Barman (Expert) 01 January 2014
Dear Agarwalji, the term revocation itself denotes that it is not at par with cancellation.
Revocation is beyond the control of the maker whereas the cancellation is within his wish and hence not permissible under T.P.Act.