Revocation of Gift Deed
ram
(Querist) 06 August 2008
This query is : Resolved
My fried purchased a plot from Y.
Gifted X to Y . After registration
The gift was cancel by X. Present
Who was the owner of the property?
What is legal action taken by my fried
Against Y or X
Thank ‘Q”
Guest
(Expert) 06 August 2008
You have not told whether the Gift from X to Y was revocable or irrevocable. Kindly tell us what the Gift Deed of x to y says. If it is silent then it is a recovable gift, Nothing can be done to your friend. If it is irrevocable gift then some fight is posssible.
However the your friend can recover the money from Y if the sale deed contains the indeminity clause.
ram
(Querist) 06 August 2008
Sir It is revokable gift deed
Manish Singh
(Expert) 06 August 2008
Firstly, the gift deed must be registered and properly made in this case.
Secondly, this gift cant be revoked unless you both have agreed for some happening of event.
thirdly, the donor cant revoke the will on his own whim without having your approval or so.
if the will deed has any clause stating that the donor can solely on his own cancel the will even after your acceptance of the gift, then the said deed is void.
Srinivas.B.S.S.T
(Expert) 06 August 2008
A gift deed cannot be cancelled unilaterally. The title flow from x to y and to your friend is perfect. The cancellation made by X after registration of the gift deed in favour of Y is unilateral and hence it is viod.
Murali Krishna
(Expert) 07 August 2008
A gift, once given, cannot be cancelled unless it is a conditional one. In your case, it is amply clear that the gift is made, received by the beneficiary, and then it is registered. Hence, as said by Srinivas, your friend's title is perfect. Cancellation of the donor is not legally valid.
