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prasad (executive)     27 August 2012

Can a gift deed revocked

My cousin was gifted a residential house by his father (Self acquired) in the year 2003. The gift was made with a condition that "the donee has to look after his parents duly residing in the house". Subsequently the donee was forced to quite the gifte house by his sisters and brothers in law in the year 2005, with a malafide intention to revoke the gift deed and to have the property in their name. 

          Is it possible to the doner to revoke the gift deed with the plea that the donee is not staying in the gifted house and not tooking after the doner and his wife as the voilation of the gift deed. 

         



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 4 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     27 August 2012

REVOCATION OF A GIFT:

 Section 126 of the Transfer of Property provides for conditions where a gift can be revoked. the following are  essential ingredients for revocation of gift:

i)       there must be an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;

ii)     such event must be one which does not depend upon the will of  the  donor;

iii)    the condition as to the suspend or revocation should be agreed to by the donee at the time of accepting the gift. And,

iv)    there  must exist a ground , except want or failure of consideration, on which a contract may be rescinded. 

v)     the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.

vi)   Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely prohibiting alienation is void in view of the provisions contained in sec. 10.

vii) A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

 

CONCUSION:

                    Despite the concept of expectation of reciprocity, a gift is known to be free. Any person who is the legal owner of a property can alone make a gift of his property.  Basically, a gift  is the transfer of something without consideration. In other words, it can be said that  a voluntary transfer of a property in consideration of love and affection to person is  known as ''GIFT''. It is thus vividly known that '' the chief characteristic of a gift is that it is a transfer without any consideration.''   

                                                   -x-

Adv. Amar Dalvi (Lawyer & Legal Consultant (9920203682))     27 August 2012

No one can force to quit resident of an immovable property who has entered in such property legally, without proper process of law. It is the right of only the honourable courts to determine the rights of the respective parties. Advice your cousin to avail legal remedies under applicable civil &/or criminal laws, also to consider the limitation period and valid excuses for the delay if any.

Anish Thakur 7018812737 (advocate)     27 August 2012

dear querist,

no gift deed can not be revoked.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 August 2012

1.   IF the possession of the gifted property is given away on records,  THEN the Gift Deed cannot be unilaterlly revoked, under any circumstances, whatsoever.
refer Supreme Court judgement in Appeal no, 5942 of 2007, in matter of  "Asokan  vs  Lakshmikutty".


2.  A conditional Gift deed is null & Void and against the principles of making a Gift (means : which should be without ANY consideration, which-so-ever).

 

LEGAL GLITCH:    A Gift Deed  CAN BE REVOKED,   "ONLY"  by making a fresh deed, NECESSARILY BY BOTH THE CONSENTING PARTIES (gift maker and gift receiver)


Keep Smiling .... Hemant Agarwal


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